The Supreme Court in Choote Khan V. Mal Khan [1954 AIR 575, 1955 SCR 60] while considering the nature of the entries in Jamabandi and as to whether such entries fall within the purview of Record of Rights maintained under Section 31 of the Punjab Land Revenue Act, 1887 observed that "by section 44 of the Punjab Land Revenue Act an entry made in the record of rights or in an annual record shall be presumed to be true until the contrary is proved. That entries in the Jamabandies fall within the purview of the record of rights under section 31 of the Act admits of no doubt.
Tag: EVIDENCE
A Police officer[IO] submitted several documents with his Report, but at trial, prosecution failed to identify any document or to mark as Court Exhibit- Explain consequences with the help of law
The list of statements, documents, material objects and exhibits shall specify statements, documents, material objects - all are to be identified by the witness , on failure the document shall not be part of Court record and the Court would not consider it to prove a prosecution case - Consequence is acquittal of the accused person.
Proof in E-contracts – Emad Abdullah
No doubt the writing document was considered the most powerful among the evidences of proof before the digital revolution because all laws handle the writing documents as the most powerful proof that submit to the judge . This matter is no longer existed under the modern technology and revolution of information and communication which result in new proof that is electronic contract and signature.
Whether Statement recorded u/s 164 of Cr.P.C. could be used as substantive evidence?
Statement recorded under Section 164 of the Cr.P.C. cannot be used as substantive evidence In the case of Utpal Das & Anr. V. State of West Bengal reported in (2010) 6 SCC 493 the Supreme Court has observed that a…
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Witness of victim of sexual assault
Corroboration as a condition for judicial reliance on the testimony of a prosecutrix is not a matter of Law, but a guidance of prudence under given circumstances. Indeed, from place to place, from age to age, from varying life-styles and behavioural complexes, inferences from a given set of facts, oral and circumstantial, may have to be drawn not with dead uniformity but realistic diversity lest rigidity in the shape of rule of Law in this area be introduced through a new type of precedential tyranny
Section 94 of the Indian Evidence Act
When sections 92, 94 and 95 of the Evidence Act are applied to a string of correspondence between parties, it is important to remember that each document must be taken to be part of a coherent whole, which happens only when the “plain” language of the document is first applied accurately to existing facts.
Construction of documents
In the passing, we may also refer to the observations of a three-Judge Bench of the Supreme Court in Smt. Kamala Devi vs. Seth Takhatmal & Anr.: (1964) 2 SCR 152, in which the court observed as follows:- "8. ……
Witness relative
A witness is normally to be considered independent unless he or she springs from sources which are likely to be tainted and that usually means unless the witness has cause, such as enmity against the accused, to wish to implicate him falsely. Ordinarily a close relation would be the last to screen the real culprit and falsely implicate an innocent person.
Benefit of doubt
Proof beyond reasonable doubt is a guideline, not a fetish. (See Inder Singh and another vs. State (Delhi Admn.) (AIR 1978 SC 1091). Vague hunches cannot take place of judicial evaluation. “A Judge does not preside over a criminal trial, merely to see that no innocent man is punished. A Judge also presides to see that a guilty man, does not escape.
Injuries on the accused
One of the pleas is that the prosecution has not explained the injuries on the accused. Issue is if there is no such explanation what would be its effect? We are not prepared to agree with the learned counsel for the defence that in each and every case where prosecution fails to explain the injuries found on some of the accused, the prosecution case should automatically be rejected, without any further probe.
Witness made statement in expectation of death did not die
In Maqsoodan and Ors. v. State of U.P., AIR 1983 SC 126, this Court dealt with an issue wherein a person who had made a statement in expectation of death did not die. The court held that it cannot be treated as a dying declaration as his statement was not admissible under Section 32 of the Indian Evidence Act, 1872 (hereinafter called the Act 1872), but it was to be dealt with under Section 157 of the Act 1872, which provides that the former statement of a witness may be proved to corroborate later testimony as to the same fact.
Witness -number
Trustworthy evidence This question has been definitively dealt with by a Constitution Bench of this Court in Masalti v. State of Uttar Pradesh, AIR 1965 SC 202, wherein the Court observed as under: ... under the Indian Evidence Act, trustworthy…
Falsus in Uno, Falsus in Omnibus-Not applied in India
Falsus in Uno, Falsus in Omnibus: In Balaka Singh v. State of Punjab, AIR 1975 SC 1962, this Court observed as under: It is true that, as laid down by this Court in Zwinglee Ariel v. State of Madhya Pradesh,…
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FIR not naming of the accused
It is a settled legal proposition that FIR is not an encyclopedia of the entire case. It may not and need not contain all the details. Naming of the accused therein may be important but not naming of the accused…
Discrepancies (Evidence)
In all criminal cases, normal discrepancies are bound to occur in the depositions of witnesses due to normal errors of observation, namely, errors of memory due to lapse of time or due to mental disposition such as shock and horror…
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