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INDIAN EVIDENCE ACT,1872 . PDF
INDIAN EVIDENCE ACT,1872 Evidence Act — S 3 — relevant fact — Discovery — Statement of witness — witnesses deposed that they were present at the spot when the bodies were found — statements were not taken by the police on the same day — deliberate delay — afterthought — fatal to prosecution. (Para 18) PDF
INDIAN EVIDENCE ACT,1872 Evidence Act — S 3 — relevant fact — last seen witness — Chance witness — Related witness —Discrepancies & contradictions in his statement — Held, Keeping in mind that this witness was related to the deceased & appears to be a chance witness with material discrepancies in his account —discarded his evidence as to the last seen circumstance. (Para 19) PDF
INDIAN EVIDENCE ACT,1872 Evidence Act — S 3 — relevant fact — Chance witness — the witness did not usually take the route in front of place of incident — shows that he is a chance witness. (Para 19) PDF
INDIAN EVIDENCE ACT,1872 Evidence Act — S 3 — relevant fact — Previous acquaintance — of witnesses with the accused — clear knowledge of the whereabouts — Arrest — delay in — Held, the delay casts a serious shadow of doubt over the case of the prosecution. (Para 20) PDF
INDIAN EVIDENCE ACT,1872 Evidence Act — S 3 — relevant fact — Conduct of accused — Abscondence —the accused persons were not absconding— Held, unnatural conduct on the part of an offender who knows that he has been observed — fatal to prosecution. (Para 20) PDF
INDIAN EVIDENCE ACT,1872 Evidence Act — S 3 — Relevant fact — Identification of the accused — Conduct of witness —after initial hesitation identified the appellant for the first time in the Court— gap of more than seven years — not the prosecution case the appellant has known to him before the incident—No Test Identification Parade conducted — Held, it would not be safe to rely upon the identification. (Para 15) PDF
INDIAN EVIDENCE ACT,1872 Evidence Act — S 3 — Relevant fact — History to Medical Officer — no name was given by complainant — indicates that obviously at that stage he had no previous acquaintance. (Para 17) PDF
INDIAN EVIDENCE ACT,1872 Evidence Act — S 3 — relevant fact — Recovery — Identification of recovered ornaments — identification procedure was conducted without mixing the recovered jewellery with similar or identical ornaments — Held, identification was not done in accordance with due procedure — fatal to prosecution. (Para 23) PDF
INDIAN EVIDENCE ACT,1872 Evidence Act — S 3 — relevant fact — Identification of pledged ornaments — Nothing on record to show the identity of the pledgors and to prove that the identified ornaments were pledged by them — fatal to prosecution. (Para 23) PDF
INDIAN EVIDENCE ACT,1872 Evidence Act — S 3 — relevant fact — Identification of pledged ornaments —Books of account —were seized by the police from the possession of the person other than the person whom the ornaments were pledged — he also runs a similar money¬lending business as a pawn broker— No valid reason is accredited —Held, these books cannot be relied upon. (Para 23) PDF
INDIAN EVIDENCE ACT,1872 Evidence Act — S 3 — relevant fact — Defective investigation — Books of account — seized for investigation —returned back without any prayer for the same and without following any procedure — fatal to prosecution. (Para 23). PDF
INDIAN EVIDENCE ACT,1872 Evidence Act — S 3 — relevant fact — Books of account — returned to owner — Later, it was found that there were additional entries made in the account book after the date of the incident — fatal to prosecution. (Para 23) PDF
INDIAN EVIDENCE ACT,1872 Evidence Act — S 3 — relevant fact — Identification of pledged ornaments —Books of account — None of the witnesses have spoken about the particular entry relating to them in the account books — No signature of any witness is identified & marked in the account books — fatal to prosecution. (Para 23) PDF
INDIAN EVIDENCE ACT,1872 Evidence Act — S 3 — relevant fact — Identification of pledged ornaments — Recovery witness — non-examination of — close relatives of the deceased— not examined— servant of the deceased, allegedly assisted the police by giving information about the pledgors to locate them to be brought for identification of the recovered articles— non¬examination — important witnesses in light of the recoveries adversely affects the prosecution case. (Para 24) PDF
INDIAN EVIDENCE ACT,1872 Evidence Act — S 3— Defective investigation — Inference by high-ranking police officer — effect of — Held, the inference is likely to have impeded the course of investigation and created prejudice against the accused persons— the whole investigation and the prosecution case seem to be concocted around this inference made by the DIG— fatal to prosecution. (Para 28) PDF
INDIAN EVIDENCE ACT,1872 Evidence Act — S 3 — Relevant fact — Last seen circumstance — Conduct of witness — delay of one week in giving their statements — Held, highly unnatural conduct — contradiction in statements — vital improvements— Evidence unreliable— Acquittal. (Para 11) PDF
INDIAN EVIDENCE ACT,1872 Evidence Act — S 3 — Relevant fact — Conduct of interested witness —Last seen witnesses — delay of one week in giving their statements — News of the murder became known to the public at large immediately —Held, witnesses would not have missed the opportunity to state this vital fact — more particularly when they wanted a recommendation from the the father of the deceased — fatal to prosecution. (Para 11) PDF
INDIAN EVIDENCE ACT,1872 Evidence Act — S 3 — Relevant fact — Chance witness— related witness —cousin of the deceased — animosity between accused & witness — Conduct of witness — the PW had gone to console the family of the deceased but did not disclose what he had claimed to have seen — Held, evidence is a weak & shaky — not conclusive & reliable — would require corroboration and affirmation from other evidence. (Para 7) PDF
INDIAN EVIDENCE ACT,1872 Evidence Act — S 3 — Relevant fact — Dock Identification — PW identified the accused in the dock several months after the incident— did not name any of the accused at any point of time— held not safe to rely upon. (Para 8) PDF
INDIAN EVIDENCE ACT,1872 Evidence Act — S 3 — Relevant fact — Circumstantial evidence — Previous FIR by the deceased — with regard to the attempt to run over by a car belonging to accused — a rather weak and tenuous circumstance. (Para 9) PDF
INDIAN EVIDENCE ACT,1872 Evidence Act — S 24 — Detailed extra-judicial confession — Conduct of the accused — Held, if this confession is true the appellant had the foresight to guess as to who the prosecution witnesses are going to be — therefore, he was seeking to corroborate their future evidence — this would hardly be the natural conduct of an accused if he was voluntarily making a confession —cannot be relied upon — Thangavelu v. State of Tamil Nadu — relied upon. (Para 7) PDF
INDIAN EVIDENCE ACT,1872 Evidence Act — S 24 — Extra-judicial confession — basing conviction solely on — Held, even if the extra-judicial confession is to be believed, it would be unsafe to convict the accused and award life imprisonment to him based on the sole circumstance of an extra-judicial confession — more particularly since all the other circumstances remain unproved. (Para 8) PDF
INDIAN EVIDENCE ACT,1872 Evidence Act — S 24 — Extra-judicial confession — Conduct of person recording extra-judicial confession — did not acted impartially — fatal to prosecution. (Para 8) PDF
INDIAN EVIDENCE ACT,1872 IPC — Ss 302 — Evidence Act — S 24 — Conviction on the basis of extra judicial confession made to Tehsildar — extra-judicial confession is full of facts & very long — graphically discloses the antecedents of the accused, motive & gives graphic details of how each of the accused attacked the deceased other facts — held suspicious giving an impression that the same has been generated to make the courts believe the case against the appellant —Conviction set aside. (Para 7) PDF
INDIAN EVIDENCE ACT,1872 Criminal jurisprudence — Evidence Act — Ss 3 & 27 — Recovery of weapons vis-à-vis Medical evidence — Medical evidence indicates that the injuries that were found on the bodies of the deceased persons could not have been caused with the weapons seized — fatal to prosecution. (Para 25) PDF
INDIAN EVIDENCE ACT,1872 Criminal jurisprudence — Evidence Act — Ss 3 & 27 —Recovery of blood stained clothes & weapon — Blood group — argued that the blood group of the deceased was same as the blood stains on the clothes of the accused recovered — Nothing conclusive to prove the blood group of the deceased — Held, no reliance can be placed on the recovery of the blood¬stained weapons or clothes of the accused. (Para 26) PDF
INDIAN EVIDENCE ACT,1872 Evidence Act — S - 27 — Recovery of incriminating material at the instance of the accused — voluntariness of — accused persons were further grilled and interrogated multiple times before extracting the confessions which lead to the recovery of incrimating material — Held, confessions were not voluntary, but caused by inducement, pressure or coercion—fatal to prosecution. (Para 20) PDF
INDIAN EVIDENCE ACT,1872 Criminal jurisprudence — Evidence Act — S 27 — Recovery of blood¬stained clothes of the accused at their instance — delay in — the recovery was made two days after the arrest of the accused & the recovery of the stolen articles from the houses of the accused — Held, recovery is doubtful. (Para 25) PDF
INDIAN EVIDENCE ACT,1872 Criminal jurisprudence — Evidence Act — S 27 — Recovery of incriminating material at the instance of the accused — recovery from a place which had been searched thoroughly by the police — blood stained clothes were recovered hanging from a hook inside one-¬room house, which had also been searched previously and from where ornaments had also been seized before— fatal to prosecution. (Para 25) PDF
INDIAN EVIDENCE ACT,1872 Evidence Act — S 27 — Recovery pursuant to the statement by the accused — sealing of the articles recovered — weapon of offence — recovered knives not sealed — Held, Such procedure adopted by the prosecution is highly improper and illegal — possibility of tempering — Held, recovery not proved in accordance with law. (Para 15) PDF
INDIAN EVIDENCE ACT,1872 Criminal Jurisprudence — Evidence Act — S 27 — Recovery pursuant to the statement by the accused — Basing conviction on — Held, the circumstance of recovery alone will not be sufficient to convict an accused the offence punishable u/s 302 — when all the remaining evidence of the prosecution is unbelievable— IPC — S 302. (Para 15) PDF