-September 16, 2023
How to contradiction a witness by a court is being explained in this judgment.
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How to contradiction a witness by a court is being explained in this judgment.
Documentary evidence - FIR is a public document and also a dying declaration hence it shall be treated as substantive piece of evidence and admissible under section 32(1) Evidence Act.,1872
DISCUSSION SCOPE OF APPEAL FILED AGAINST THE ACQUITTAL 25. While dealing with an appeal against acquittal by invoking Section 378 of the Cr.PC, the Appellate Court has to consider whether the Trial Court’s view can be termed as a possible one, particularly when evidence on record has been analyzed. The reason is that an order […]
SECTION 154 INDIAN EVIDENCE ACT, 1872 HOSTILE WITNESS – RULE: He was not declared hostile by the prosecution and therefore, his evidence would go to support the case of the defence[1]. A hostile witnesses may not be rejected outright but the court has at least to be aware that, prima facie, a witness who makes […]
Opinion of an expert, therefore, is a relevant fact. The court may, thus, took the expert opinion into consideration. But appreciation of evidence is the court’s job. It is, thus, for the court to arrive at an opinion as to which part of contradictory expert opinion should be accepted or whether in a given situation […]
SECTION – 11 [PLEA OF ‘ALIBI’] Alibi is not an exception (special or general) envisaged in the Indian Penal Code or any other law. It is only a rule of evidence recognised in section 11 of I.E. Act that facts which are inconsistent with the fact in issue are relevant. Illustration (A) given under the […]
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