The tape-records of speeches were “documents”, as defined by Section 3 of the Evidence Act

KEYWORD:- Tape recorded speech - Evidence- The evidence of voice identification is at best suspect, if not, wholly unreliable. Accurate voice identification is much more difficult than visual identification. It is prone to such extensive and sophisticated tampering, doctoring and editing that the reality can be completely replaced by fiction. Therefore, the Courts have to … Continue reading The tape-records of speeches were “documents”, as defined by Section 3 of the Evidence Act

Corroboration is not the sine qua non for conviction in a rape case

Corroboration is not the sine qua non for conviction in a rape case. The observations of Vivian Bose, J. in Rameshwar v. State of Rajasthan were: The rule, which according to the cases has hardened into one of law, is not that corroboration is essential before there can be a conviction but that the necessity … Continue reading Corroboration is not the sine qua non for conviction in a rape case

Abdulrasakh Vs. K.P. Mohammed & Ors[ALL SC 2018 MARCH]

KEYWORDS:-Election petition-Exhibits- DATE:- copies of the documents have been supplied to the appellant and multiple copies of the phone or the chip (which is kept in a sealed cover) are not mandated to be supplied when the material relied upon in the phone has been reproduced in CD and a transcription also provided. The defence … Continue reading Abdulrasakh Vs. K.P. Mohammed & Ors[ALL SC 2018 MARCH]

Sadashio Mundaji Bhalerao Vs State of Maharashtra[ALL SC 2006 NOVEMBER]

KEYWORDS:-EVIDENCE IN CUSTODIAL DEATH- DATE:-28-11-2006. AIR 2007 SC 1028 : (2006) 9 Suppl. SCR 733 : (2006) 12 SCALE 470 (SUPREME COURT OF INDIA) Sadashio Mundaji Bhalerao Appellant Versus State of Maharashtra Respondent (Before : G. P. Mathur And A. K. Mathur, JJ.) Criminal Appeal No. 478 of 2005 with Cri. A. Nos. 479 and … Continue reading Sadashio Mundaji Bhalerao Vs State of Maharashtra[ALL SC 2006 NOVEMBER]

Evidence Act 1977 [State of Queensland]

Evidence Act 1977 INDEX Status information Long title Part 1 Preliminary 1 Short title 2 Act binds Crown 2A Notes in text 3 Definitions 4 Meaning of copy of document etc. 5 Meaning of document purporting to be of certain character etc. Part 2 Witnesses Division 1 Who may testify 6 Witnesses interested or convicted … Continue reading Evidence Act 1977 [State of Queensland]

State of Himachal Pradesh Vs. Raj Kumar [SC 2018 JANUARY ]

KEYWORDS:-CONVICTION RESTORED- DATE:-January 8, 2018- Prosecution case is based on circumstantial evidence. It is well settled that in a case based on circumstantial evidence, the circumstances from which an inference of guilt is sought to be drawn must be cogently and frmly established and that those circumstances must be conclusive in nature unerringly pointing towards … Continue reading State of Himachal Pradesh Vs. Raj Kumar [SC 2018 JANUARY ]

Kuna @ Sanjaya Behera Vs. State of Odisha[SC 2017 NOVEMBER]

KEYWORDS: MURDER Conviction can be based on a testimony of a single eye witness if he or she passes the test of reliability and that it is not the number of witnesses but the quality of evidence that is importan. The 'reasonable doubt' is one which occurs to a prudent and reasonable man. Section 3 … Continue reading Kuna @ Sanjaya Behera Vs. State of Odisha[SC 2017 NOVEMBER]

Admissibility of the evidence concerning discovery of fact due to disclosure made by an accused in custody

Admissibility of the evidence concerning discovery of fact pursuant disclosure made by an accused in custody, reliance Could be placed on Jafar Hussain Dastagir Vs. State of Maharashtra, (1969) 2 SCC 872 and State of UP vs. Jageshwar and Ors, (1983) 2 SCC 305 to argue that since the police was already in possession of the … Continue reading Admissibility of the evidence concerning discovery of fact due to disclosure made by an accused in custody

Kishan Tripathi @ Kishan Painter vs The State[Delhi HC 2016 February ]

KEYWORDS:-Electronic Evidence CCTV- DATE :12th February, 2016 Electronic Evidence CCTV footage was used as direct evidence though there was no eyewitness -Section 65-B of the Evidence Act ACT : Section 302 of the Indian Penal Code, 1860 IN THE HIGH COURT OF DELHI AT NEW DELHI CRIMINAL APPEAL NO. 108/2013 Date of Decision: 12th February, … Continue reading Kishan Tripathi @ Kishan Painter vs The State[Delhi HC 2016 February ]

Dharambir Vs. Central Bureau of Investigation [Delhi HC 2008 MARCH]

Keywords: Electronic evidence-computer systems DATE : 11 March 2008 ACTS :­ Sections 173(5) and 207 Cr.p.c ­ Sections 3 and 65B of the Indian Evidence Act 1872 ­ Sections 2(o) r/w section 2(t) IT Act Hard Disk is storage device is as well as document Electronic Evidence : Hard Disc is storage devise if written then electronic record: … Continue reading Dharambir Vs. Central Bureau of Investigation [Delhi HC 2008 MARCH]

How to produce Evidence

PART III (CH 7 T0 11) PRODUCTION AND EFFECT OF EVIDENCE ( SS 101-167) प्रासंगिक तथ्यों के परिबेसन एबम परिणाम CHAPTER VII OF THE BURDEN OF PROOF(ss101-114A) 101. Burden of proof— Whoever desires any Court to give judgment as to any legal right or liability dependent on the existence of facts which he asserts, must … Continue reading How to produce Evidence

Proof of Facts – Indian Evidence Act

PART II ON PROOF (56-100) प्रासंगिक तथ्यों के प्रमाण Chapter III FACTS WHICH NEED NOT BE PROVED 56. Fact judicially noticeable need not be proved — No fact of which the Court will take judicial notice need to be proved. 57. Facts of which Court must take judicial notice— The Court shall take judicial notice … Continue reading Proof of Facts – Indian Evidence Act