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INDIAN EVIDENCE ACT, 1872 PDF
INDIAN EVIDENCE ACT, 1872 Evidence Act — S 3 — Relevant fact —Chance witness — Evidence of — reliability of — Legal principle — Evidence of a chance witness cannot be brushed aside simply because he is a chance witness — but his presence at the place of occurrence must be satisfactorily explained by the prosecution — so as to make his testimony free from doubt and thus, reliable. (Para 29) PDF
INDIAN EVIDENCE ACT, 1872 Evidence Act — S 3 — Relevant fact —Chance witness — Evidence of —requires a very cautious & close scrutiny and a chance witness must adequately explain his presence at the place of occurrence — Jarnail Singh v. State of Punjab— relied. (Para 29) PDF
INDIAN EVIDENCE ACT, 1872 Evidence Act — S 3 — Relevant fact —Chance witness — Evidence of —Deposition of a chance witness whose presence at the place of incident remains doubtful should be discarded — Jarnail Singh v. State of Punjab— relied. (Para 29) PDF
INDIAN EVIDENCE ACT, 1872 Evidence Act — S 3 — Relevant fact —Conduct of witness — in not disclosing the incident either to police or to anyone in the village — creates a suspicion and renders his version of the incident is doubtful. (Para 31) PDF
INDIAN EVIDENCE ACT, 1872 Evidence Act — S 3 — Relevant fact —Age of injuries — on the person of the accused & on the person of PW matches with the approximate time of incident — Material evidence on record does not reveal anything which incriminates both the accused— Held, same age of injuries in no way carves out an active role on the part of both the appellants in commission of alleged offence. (Para 33) PDF
INDIAN EVIDENCE ACT, 1872 Evidence Act — S 3 — Relevant fact — Standard of proof —Defect in the prosecution evidence — Impact of — Considering the nature of quality of evidence —benefit would be derived by the accused person —for the lacunas, lapses and defects in the prosecution evidence. (Para 8) PDF
INDIAN EVIDENCE ACT, 1872 Evidence Act — S 3 — Relevant fact — Presence of the complainant — at the house of accused along with others — Stated that she had visited there for demanding the rent— No narration regarding particular amount of rent — On the contrary, a deposit of Rs.3.25 lakh was parted by the accused. (Para 11) PDF
INDIAN EVIDENCE ACT, 1872 Evidence Act — S 3 — Relevant fact — Cross case —Spontaneity in the statement of opposite party —stated in complaint — that opponent had visited her premises and had consumed phenyl — Held, spontaneous stand — cannot be said to be a defence which is after thought. (Para 11) PDF
INDIAN EVIDENCE ACT, 1872 Evidence Act — S 3 — Relevant fact —Defective Investigation — Non-examination of the relevant witnesses —fatal to prosecution. (Para 6) PDF
INDIAN EVIDENCE ACT, 1872 Evidence Act — S 3 — Relevant fact —Seizure — of record from the residence of respondent — not supported by Panchas — but supported by the Investigating Officer —Defective Investigation — Fatal to prosecution. (Para 8) PDF
INDIAN EVIDENCE ACT, 1872 Evidence Act — S 3 — Relevant fact — Sealing — no reference in the panchnama—Defective Investigation — Fatal to prosecution. (Para 8) PDF
INDIAN EVIDENCE ACT, 1872 Evidence Act — S 3 — Relevant fact — signatures of Panchas — on seized articles — Absence of —Defective Investigation — Fatal to prosecution. (Para 8) PDF
INDIAN EVIDENCE ACT, 1872 Evidence Act — S 3 — Relevant fact — Original receipt — Non seizer of — IO did not seize original money order receipts from the senders of money orders — serious lacuna on the part of IO —Defective Investigation — Fatal to prosecution. (Para 8) PDF
INDIAN EVIDENCE ACT, 1872 Evidence Act — S 3 — Relevant fact — Specimen Signature & report of Handwriting Expert — non obtaining of — Held, The Investigating Officer ought to have obtained specimen signature — and hand-writing expert report while conducting investigation —Defective Investigation — Fatal to prosecution. (Para 8) PDF
INDIAN EVIDENCE ACT, 1872 Evidence Act — Ss 3 & 32 — Relevant fact — Multiple Dying Declarations — Oral dying declaration by the deceased before her father, after recording of dying declarations by the investigating agencies — Held, such a declaration can be a result of afterthought —not reliable. (Para 12) PDF
INDIAN EVIDENCE ACT, 1872 Criminal Trial — Evidence Act — S 3 & 106 — Relevant fact & Burden of proving fact especially within knowledge — Death by consuming poison — Allegation of — Burden of proof shifted on the accused — No witness — No empty bottle or can or any other container seized From the spot — Not proved by prosecution that victim suffered unnatural death—Acquittal. (Para 9) PDF
INDIAN EVIDENCE ACT, 1872 Criminal Jurisprudence — Evidence Act — S 10 — Things said or done by conspirator in reference to common design — Statement of accused after his arrest — cannot fall within the ambit of section 10 — State of Gujarat Vs. Mohammed Atik and Ors —relied. (Para 4.1) PDF
INDIAN EVIDENCE ACT, 1872 Evidence Act — Ss 24 to 30 — CrPC — S 164 — Confession or admission — Evidentiary value of — is evidence against the maker of it so long as its admissibility is not excluded by some provision of law — Bheru Singh S/o Kalyan Singh Vs. State of Rajasthan. (Para 4.2) (Para 4.2) PDF
INDIAN EVIDENCE ACT, 1872 Evidence Act — S 25 — Confession to police officer not to be proved — Scope —Confession — made to a police officer — under no circumstances is admissible in evidence against an accused— Bheru Singh S/o Kalyan Singh Vs. State of Rajasthan. (Para 4.2) PDF
INDIAN EVIDENCE ACT, 1872 Evidence Act — S 25 — Confession to police officer not to be proved — Ambit — The section deals with confessions made when the accused was free and not in police custody — but also with the one made by such a person before any investigation had begun— Bheru Singh S/o Kalyan Singh Vs. State of Rajasthan. (Para 4.2) PDF
INDIAN EVIDENCE ACT, 1872 Interpretation of Statute — Evidence Act — S 25 — Confession to police officer not to be proved — Expression "accused of any offence" — Interpretation of —would cover the case of an accused who has since been put on trial, whether or not at the time when he made the confessional statement, he was under arrest or in custody as an accused in that case or not— Bheru Singh S/o Kalyan Singh Vs. State of Rajasthan. (Para 4.2) PDF
INDIAN EVIDENCE ACT, 1872 Evidence Act — S 25 — Confession to police officer not to be proved — Scope of — Admission — by an accused to a police officer — or made while in the custody of a police officer — & admission contained in the confessional statement of all incriminating facts relating to the commission of an offence — are barred as proof by section 25—Standard of proof— Bheru Singh S/o Kalyan Singh Vs. State of Rajasthan. (Para 4.2) PDF
INDIAN EVIDENCE ACT, 1872 Evidence ACT — S 27 — How much of information received from accused may be proved— Scope of — Statement or confession — made by a person accused of an offence while in police custody — the section partially lifts the ban imposed by Sections 25 & 26 — & makes admissible so much of such information — as relates to the Act thereby discovered — Bheru Singh S/o Kalyan Singh Vs. State of Rajasthan. (Para 4.2) PDF
INDIAN EVIDENCE ACT, 1872 Criminal Jurisprudence — Evidence Act — S 32 — Dying Declaration — relying on — Duty of the Courts — Held, the courts below have to be extremely careful when they deal with a dying declaration — as the maker thereof is not available for the cross-examination — which poses a great difficulty to the accused person. (Para 10) PDF
INDIAN EVIDENCE ACT, 1872 Criminal Jurisprudence — Evidence Act — S 32 — Dying Declaration — relying on —A mechanical approach in relying upon a dying declaration just because it is there is extremely dangerous. (Para 10) PDF
INDIAN EVIDENCE ACT, 1872 Criminal Jurisprudence — Evidence Act — S 32 — Dying Declaration — relying on —Duty of the Court — The court has to examine a dying declaration scrupulously with a microscopic eye — to find out whether the dying declaration is voluntary, truthful, made in a conscious state of mind — & without being influenced by the relatives present — or by the investigating agency — who may be interested in the success of investigation — or which may be negligent while recording the dying declaration. (Para 10) PDF
INDIAN EVIDENCE ACT, 1872 Criminal Jurisprudence — Evidence Act — S 32 —Dying Declaration —recorded by Investigating Agency — Standard of proof — Influencing the investigating agency by the relatives of the deceased to bring about a dying declaration — Duty of the Court — The declarations have to be very scrupulously examined — & the court must remain alive to all the attendant circumstances at the time when the dying declaration comes into being. (Para 10) PDF
INDIAN EVIDENCE ACT, 1872 Criminal Jurisprudence — Evidence Act — S 32 — Multiple Dying Declarations — Evaluation of—Held, In case of more than one dying declaration — the intrinsic contradictions in them are extremely important. (Para 10) PDF
INDIAN EVIDENCE ACT, 1872 Criminal Trial — Criminal Jurisprudence — Evidence Act — S 32 — Dying Declaration — relying on —It cannot be that a dying declaration which supports the prosecution alone can be accepted — while the other innocent dying declarations have to be rejected — Such a trend will be extremely dangerous. (Para 10) PDF
INDIAN EVIDENCE ACT, 1872 Evidence Act — S 32 — Dying Declaration — basing conviction on — Power of the Courts — Held, where the dying declarations pass all the required tests — the courts below are fully entitled to act on the dying declarations & make them the basis of conviction. (Para 10) PDF
INDIAN EVIDENCE ACT, 1872 Criminal Trial — Criminal Jurisprudence — Evidence Act — S 32 — Dying Declaration — relying on — Standard of proof — Duty of the Court — Held, the court has to weigh all the attendant circumstances and come to the independent finding whether the dying declaration was properly recorded and whether it was voluntary and truthful. (Para 11) PDF
INDIAN EVIDENCE ACT, 1872 Criminal Trial — Criminal Jurisprudence — Law of Dying Declaration — Mechanical approach to — Duty of the Court — The courts must bear in mind that each criminal trial is an individual aspect — It may differ from the other trials in some or the other respect — therefore, a mechanical approach to the law of dying declaration has to be shunned— Evidence Act — S 32. (Para 11) PDF
INDIAN EVIDENCE ACT, 1872 Evidence Act — S 32 — Dying Declaration — Standard of proof — the dying declaration should be of such a nature as to inspire full confidence of the Court in its correctness. (Para 12) PDF
INDIAN EVIDENCE ACT, 1872 Evidence Act — S 32 — Dying Declaration — relying on — Duty of the Court — the Court has to be on guard that the — statement of deceased was not as a result of tutoring, prompting or a product of imagination. (Para 12) PDF
INDIAN EVIDENCE ACT, 1872 Evidence Act — S 32 — Dying Declaration — relying on — Duty of the Court —the Court must be satisfied that the deceased was in a fit state of mind — after a clear opportunity to observe and identify the assailants. (Para 12) PDF
INDIAN EVIDENCE ACT, 1872 Evidence Act — S 32 — Dying Declaration — relying on — Corroboration — Once the Court is satisfied that the declaration was true and voluntary — it can base its conviction without any further corroboration. (Para 12) PDF
INDIAN EVIDENCE ACT, 1872 Evidence Act — S 32 — Dying Declaration — relying on — Corroboration — rule of — requirement of —The rule requiring corroboration is merely a rule of prudence — It cannot be laid down as an absolute rule of law that the dying declaration cannot form the sole basis of conviction unless it is corroborated. (Para 12) PDF
INDIAN EVIDENCE ACT, 1872 Evidence Act — S 32(1) — Cases in which statement of relevant fact by person who is dead or cannot be found, etc., becomes admissible — When it relates to cause of death — Admissibility of — The statement is admissible in law , in a case in which the cause of death comes into question —& if the statement is as to the cause of death — or as to any of the circumstance of the transactions which resulted in her death — Bhairon Singh vs. State of M.P. —relied. (Para 11) PDF
INDIAN EVIDENCE ACT, 1872 Criminal Jurisprudence — Statement of a dead person —Statutory consideration of — Except Section 32(1), there is no other provision under which the statement of a dead person can be looked into in evidence— Evidence Act — S 32(1) —Bhairon Singh vs. State of M.P. (Para 11) PDF
INDIAN EVIDENCE ACT, 1872 Evidence Act — S 45 — Opinion of the Expert — Discarding by Court — Report of Chemical Analyzer — non detection of poison in viscera — Brushed aside by trial Court observing that there are various reasons for not detecting poison in viscera — Trial Court did not elaborate as to on what basis such statement was made — reasoning not accepted — Acquittal. (Para 8) PDF
INDIAN EVIDENCE ACT, 1872 Criminal Law — Burden of proof — Relevance of — Held, the burden of proof in criminal law is beyond all reasonable doubt— The prosecution has to prove the guilt of the accused beyond all reasonable doubt — Evidence Act — S 105. (Para 13) PDF
INDIAN EVIDENCE ACT, 1872 Criminal Trial — Evidence Act — S 106 — Burden of proving fact especially within knowledge — Burden of proof — Shifting on the accused — No suggestion to the doctor that cause of death was due to any disease or natural or any other reason — Trial Court put the burden on the accused— Duty of Prosecution — Held, it was the responsibility of the prosecution to bring concerned medical evidence on record to prove that the death was unnatural — This burden cannot be shifted on the accused. (Para 8) PDF
INDIAN EVIDENCE ACT, 1872 Criminal Trial — Evidence Act — S 106 — Burden of proving fact especially within knowledge — It is for the prosecution to prove beyond reasonable doubt that victim suffered unnatural death. (Para 9) PDF