A conspicuous reading of Section 311 Cr.P.C. would show that widest of the powers have been invested with the Courts when it comes to the question of summoning a witness or to recall or re-examine any witness already examined....
Evidencedigest
Supreme Court pronouncements touching the question of Evidence- admission of evidence and appreciation of evidence
EVIDENCE.— “ Evidence” means and includes—
(1) all statements which the Court permits or requires to be made before it by witnesses, in relation to matters of fact under inquiry, such statements are called oral evidence;
(2) all documents including electronic records produced for the inspection of the Court, such documents are called documentary evidence.
COMMENT: Facts allowed by the trial Judge is Evidence and Evidential-facts either to be proved or Disproved. Evidence and Fact are interchangeable words, so technically FACT + PERMISSION = EVIDENCE. An investigator may bring so many things/facts/factor/articles under a ‘List’, but the moment the trial judge pickup a thing/fact/factor/article, it shall get the legal term- ‘Evidence’
Can conviction be based solely on dying declaration? Supreme court said yes- (16/08/2022)
11 min read
The dying declaration can be the sole basis for recording conviction and if it is found reliable and trustworthy, no corroboration is required. In case there are multiple dying declarations and there are inconsistencies between them, the dying declaration...
In Sukhar v. State of U.P., (1999) 9 SCC 507, The Court has explained the provisions of Section 6 of the Evidence Act, 1872 observing that it is an exception to the general rule whereunder the hearsay evidence becomes...
Order of Discharge-Sections 120B, 302, 201 r.w. S.34 IPC and Sections 25, 27, 54, 59 of the Arms Act- In the present case, on account of the inconsistency in framing charges by the Sessions Court against the six accused,...
P. Gopalkrishnan @ Dileep Versus State of Kerala and Anr.- Whether contents of a memory card being electronic record under Sec 2(1)(t) of IT Act 2000 would qualify as a “document” Section 3 of the Indian Evidence Act, 1872...
the circumstances from which the conclusion of guilt is to be drawn should be fully established. It may be noted here that this Court indicated that the circumstances concerned "must or should" and not "may be" established. There is...
It is a settled principle of law that when the Courts below have recorded concurrent findings against the accused persons which are based on due appreciation of evidence, this Court under Article 136 of the Constitution of India would...
We have frequently held that in the exercise of our appellate jurisdiction we have power not only to correct error in the judgment under review but to make such disposition of the case as justice requires. And in determining...
