| Topics |
Headnote |
Judgement |
| INDIAN EVIDENCE ACT, 1872 |
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| INDIAN EVIDENCE ACT, 1872 |
Evidence Act — S 3 — Relevant fact — Hostile witness — Testimony of — Evidentiary value — Plausible version — The testimony as a whole cannot be brushed aside. |
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| INDIAN EVIDENCE ACT, 1872 |
Evidence Act — S 3 — Relevant fact — Hostile witness — Testimony of — Admissibility of — Held, the evidence remains admissible and is open for a Court to rely on the dependable part thereof — as found acceptable and duly corroborated by other reliable evidence. |
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| INDIAN EVIDENCE ACT, 1872 |
Evidence Act — S 3 — Relevant fact — Hostile witness — Testimony of — Evidentiary value— Held, in all eventualities ought not stand effaced altogether — & the same can be accepted to the extent found dependable on a careful scrutiny. |
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| INDIAN EVIDENCE ACT, 1872 |
Evidence Act — S 3 — Relevant fact —Seizure — Denial by prosecution witness —Version of defence — the alleged seized articles were purchased by the police — seizure found unreliable. |
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| INDIAN EVIDENCE ACT, 1872 |
Evidence Act — S 3 — Relevant fact — Conduct of accused — Unusual & disoriented — Held, the same per se does not irrefutably establish his culpability. |
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| INDIAN EVIDENCE ACT, 1872 |
Evidence Act — S 3 — Relevant fact — Evidence of eye-witness vis-à-vis Testimony of doctor — The evidence of the eye-witnesses when considered in conjunction with the testimony of the doctor does not link the accused directly or indirectly with the actual act leading to the unnatural death of the deceased —fatal to prosecution. |
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| INDIAN EVIDENCE ACT, 1872 |
Criminal Trial — Evidence Act — S 106 — Burden of proving fact especially within knowledge — Persuasive evidence — Absence of — Held, in the absence of persuasive evidence — it would also be impermissible to cast any burden on the accused. |
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| INDIAN EVIDENCE ACT, 1872 |
Evidence Act — S 3 — Relevant fact — Partisan witness — Accused was the father & deceased the mother of the witness — Held, witness was a major with the required maturity in the life's perspectives— would not have lied for the accused —only to see him through, though knowing him to be the real perpetrator of the crime— Defence version accepted. |
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| INDIAN EVIDENCE ACT, 1872 |
Criminal Trial — Evidence Act — S 3 — Relevant fact — Circumstantial Evidence — Basing conviction on — Consistency of — Held, the facts so established should be consistent only with the hypothesis of the guilt of the accused— they should not be explainable on any other hypothesis except that the accused is guilty— the circumstances should be of a conclusive nature and tendency—there must be a chain of evidence so complete as not to leave any reasonable ground for the conclusion consistent with the innocence of the accused — and must show that in all human probability the act must have been done by the accused — Sharad Birdhichand Sarda vs. State of Maharashtra — relied. |
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| INDIAN EVIDENCE ACT, 1872 |
Criminal Trial — Evidence Act — S 3 — Relevant fact — Circumstantial Evidence — Basing conviction on — In judging the culpability of an accused, the circumstances adduced — when collectively considered — must lead to the only irresistible conclusion — that the accused alone is the perpetrator of a crime in question — & the circumstances established must be of a conclusive nature — consistent only with the hypothesis of the guilt of the accused—Sujit Biswas vs. State of Assam; ABC 2013 (II) 13 SC. — relied. |
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| INDIAN EVIDENCE ACT, 1872 |
Evidence Act — S 3 — Relevant fact — Circumstantial Evidence — Basing conviction on — Degree of proof — has to be of highest order to satisfy the test of proof in a criminal prosecution — circumstantial evidence should establish a complete unbroken chain of events — so that only one inference of guilt of the accused would ensue by excluding all possible hypothesis of his innocence. |
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| INDIAN EVIDENCE ACT, 1872 |
Criminal Trial — Evidence Act — S 3 — Relevant fact — circumstantial evidence — each circumstance must be proved beyond reasonable doubt by independent evidence — excluding any chance of surmise or conjecture. |
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| INDIAN EVIDENCE ACT, 1872 |
Interpretation of Statute — Evidence Act — S 3 — Relevant fact — Reasonable doubt —Interpretation of — two conditions – (i) when a person feels absolutely certain of a fact – “believe it to exist” & — (ii) when he is not absolutely certain and thinks it so extremely probable that a prudent man would, under the circumstances, act on the assumption of its existence. |
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| INDIAN EVIDENCE ACT, 1872 |
Evidence Act — S 155 — impeaching credit of witness — Scope — the section enables the doubt to impeach the credibility of the witness by proof of former inconsistent statement. |
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| INDIAN EVIDENCE ACT, 1872 |
Evidence Act — S 145— Cross-examination as to previous statement — Scope — the section lays down the procedure for contradicting a witness by drawing his attention to the part of the previous statement which is to be used for contradiction. |
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| INDIAN EVIDENCE ACT, 1872 |
Evidence Act — S 145— Cross-examination as to previous statement — Contradiction — in the evidence — Former statement should have the effect of discrediting the present statement. |
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| INDIAN EVIDENCE ACT, 1872 |
Criminal Jurisprudence — Evidence Act — S 145— Cross-examination as to previous statement — Contradiction — Held, merely because the latter statement is at variance to the former to some extent — is not enough to be treated as a contradiction. |
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| INDIAN EVIDENCE ACT, 1872 |
Criminal Trial — Criminal Jurisprudence — Evidence Act — S 3 — Relevant fact — Appreciation of evidence — Independent witness or unusual behavior of witness — Want of independent witnesses or unusual behavior of witnesses of a crime is not enough to reject evidence. |
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| INDIAN EVIDENCE ACT, 1872 |
Criminal Trial — Criminal Jurisprudence — Evidence Act — S 3 — Relevant fact — Evidence of close relative — Evidentiary value — Held, a witness being a close relative is not enough to reject his testimony if it is otherwise credible— A relation may not conceal the actual culprit. |
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| INDIAN EVIDENCE ACT, 1872 |
Evidence Act — S 3 — Relevant fact — ‘Partisan’ or ‘Interested’ witness — Evidence of — Evidentiary value — Duty of the Court — Held, the evidence may be closely scrutinized to assess whether an innocent person is falsely implicated — Mechanical rejection of evidence even of a ‘partisan’ or ‘interested’ witness may lead to failure of justice — “falsus in uno, falsus in omnibus” has no general acceptability. |
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| INDIAN EVIDENCE ACT, 1872 |
Criminal Trial — Criminal Jurisprudence — Evidence Act — S 3 — Relevant fact — Evidence of witness — Discrepancies in — relying on — Held, a witness may be untruthful in some aspects but the other part of the evidence may be worthy of acceptance. |
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| INDIAN EVIDENCE ACT, 1872 |
Criminal Trial — Criminal Jurisprudence — Evidence Act — S 3 — Relevant fact — Evidence of witness — Discrepancies in — Credibility of — Held, discrepancies may arise due to error of observations — loss of memory due to lapse of time — mental disposition such as shock at the time of occurrence — & as such the normal discrepancy does not affect the credibility of a witness. |
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| INDIAN EVIDENCE ACT, 1872 |
Evidence Act — S 3 — Relevant fact — Unexplained injury — on the person of accused — Held, mere non-explanation is not enough to reject the prosecution version. |
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| INDIAN EVIDENCE ACT, 1872 |
Evidence Act — S 3 — Relevant fact — injury — on the person of the accused — non-explanation of — is an important circumstance which requires the court to satisfy itself that true version is not suppressed and whether defence version is probable. |
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| INDIAN EVIDENCE ACT, 1872 |
Evidence Act — S 3 — Relevant fact — Evidence of witness — Improvement in — Held, in cases where an improvement creates a serious doubt about the truthfulness or credibility of a witness — the defence may take advantage of the same. |
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| INDIAN EVIDENCE ACT, 1872 |
Evidence Act — S 3 — Relevant fact — Interested witness — uncorroborated testimony — the testimony was not corroborated by independent witnesses —fatal to prosecution. |
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| INDIAN EVIDENCE ACT, 1872 |
Evidence Act — S 3 — Relevant fact — Related witness or Interested witness — Evidence of — if a related or interested witness is hostile to the assailant — then his evidence must be examined very carefully — & all the infirmities must be taken into account. |
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| INDIAN EVIDENCE ACT, 1872 |
Evidence Act — S 3 — Relevant fact — Standard of proof — It is the quality of the evidence and not the quantity — which is required to be judged by the Court to place credence on the statement. |
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