Topic Details Topics Headnote Judgement INDIAN EVIDENCE ACT, 1872 . PDF INDIAN EVIDENCE ACT, 1872 Evidence Act — S 3 — Relevant fact — Failure to examine independent witness — rural residential locality — Held, we find it difficult to believe that in a rural residential locality, the police were unable to find a single independent witness. (Para 5) PDF INDIAN EVIDENCE ACT, 1872 Evidence Act — S 3 — Relevant fact — Failure to examine independent witness — No name of any person has been mentioned who may have declined to be a witness — fatal to prosecution. (Para 5) PDF INDIAN EVIDENCE ACT, 1872 Evidence Act — S 3 — Relevant fact — variation in the evidence of complainant — In his complaint stated that the incident took place at the instance and instigation of accused — in his deposition stated that the accused asked the other accused to catch hold of the deceased— Held, would not be fatal for the case of the prosecution. (Para 19 & 20) PDF INDIAN EVIDENCE ACT, 1872 Evidence Act — S 3 — Relevant fact — Related witness — Evidence of — evidentiary value —Held, there is no law that the evidence of relatives cannot be acted upon, but, with extra care & caution. (Para 24) PDF INDIAN EVIDENCE ACT, 1872 Evidence Act — S 3 — Relevant fact — Absence of injury by the arm attributed to the accused — injuries caused by sharp pointed objects— use of gun attributed to accused — none of the injuries was a gun-shot injury— fatal to prosecution — benefit of doubt — acquittal. (Para 28) PDF INDIAN EVIDENCE ACT, 1872 Evidence Act — S 3 — Relevant fact — Use of arm to scare away the people — The plea of the Public Prosecutor — gun used by accused may have been used only to scare away the persons — No seizure of arms — fatal to prosecution— IPC — S 34. (Para 28) PDF INDIAN EVIDENCE ACT, 1872 Evidence Act — S 3 — Relevant fact — Rape case — Delay in FIR — Ordinarily, in cases of sexual assault the delay in lodging the first information report may not always be very significant —Since the very credibility of the victim's version appears to be in serious doubt — the delay in lodging the report would assume significance. (Para 13) PDF INDIAN EVIDENCE ACT, 1872 Evidence Act — S 3 — Relevant fact — Victim of rape — Conduct of — Victim openly moved around — clearly impeaches the testimony of the prosecutrix that she did not consent for the intercourse — IPC — S 376(2)(b) —Evidence Act— S 114-A— Sudhakar & Two Ors. v. State of Maharashtra — relied upon. (Para 16) PDF INDIAN EVIDENCE ACT, 1872 Evidence Act — S 114-A r/w 4 — Absence of consent — proving of — Intention of legislation — Held, the legislative intent is not that the accused must disprove the absence of consent beyond reasonable doubt — It would not be necessary for the accused to adduce direct evidence — The accused can rely on material brought on record in the cross-examination of the victim & the evidence of the other prosecution witnesses. (Para 16) PDF INDIAN EVIDENCE ACT, 1872 Evidence Act — S 114-A — Presumption as to absence of consent — Ambit — Held, the presumption does not preclude the Court from assessing the entirety of the evidence that comes before the Court — Sudhakar & Two Ors. v. State of Maharashtra — relied upon. (Para 16) PDF