| Topics |
Headnote |
Judgement |
| INDIAN EVIDENCE ACT, 1872 |
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| INDIAN EVIDENCE ACT, 1872 |
Evidence Act — S 3 — Relevant fact — Chain of circumstance — each circumstance leading to the guilt of the appellant is required to be proved independently and beyond reasonable doubt. (Para 12) |
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| INDIAN EVIDENCE ACT, 1872 |
Evidence Act — S 3 —relevant fact — Demand — Statement of complainant before A.C.B. officer —Not stated that amount was demanded towards bribe by accused — Fatal to prosecution— Prevention of Corruption Act, 1988. (Para 13) |
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| INDIAN EVIDENCE ACT, 1872 |
Evidence Act — S 3 —relevant fact — Omission in complaint —regarding demand of bribe — is a material omission — Prevention of Corruption Act, 1988. (Para 13) |
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| INDIAN EVIDENCE ACT, 1872 |
Evidence Act — S 3 —relevant fact — Hostile Shadow Panch — Independent witness — Standard of evidence — Held, had no reason to side the Accused or to disown his role. (Para 15) |
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| INDIAN EVIDENCE ACT, 1872 |
Evidence Act — S 3 —Relevant fact — Conduct of Accused — asked the Complainant to wait outside — Held, in natural course he would have asked the Complainant to go away giving assurance that work would be done — shows that defence raised by accused that amount was asked for completing the formalities of bail as per the instructions of superior officers to assist litigants coming to office — Prevention of Corruption Act, 1988. (Para 17) |
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| INDIAN EVIDENCE ACT, 1872 |
Evidence Act — S 3 —relevant fact —Location of the eye witness — was walking ahead of deceased — Held, it is very doubtful that he had seen the accused causing fire arm injury to the deceased. (Para 12.0) |
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| INDIAN EVIDENCE ACT, 1872 |
Evidence Act — Ss 3 & 106 — Relevant fact— Initial presence — of the accused — not established by the prosecution — the question of invoking the provisions u/s 106 would not arise —It is only after initial burden of establishing the presence of the accused at the site of the crime is discharged Sec. 106 could be applied. (Para 11) |
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| INDIAN EVIDENCE ACT, 1872 |
Evidence Act — S 106 — burden of proving fact especially within the knowledge—when any fact is especially within the knowledge of any person, then the burden of proving that fact is upon the said person. (Para 11) |
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| INDIAN EVIDENCE ACT, 1872 |
Evidence Act — S 106 — burden of proving fact especially within the knowledge— Scope of — Burden of proof — Shifting of — the section does not relieve the prosecution of the burden of proving its case beyond all reasonable doubt — It is only when the prosecution case has been proved that — the burden with regard to such facts which are within the special knowledge of the accused — could be shifted on the accused for explaining the same. (Para 11) |
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