What is substantive evidence? Explained
117) Learned Solicitor General submitted that, even otherwise, an adverse inference ought to be drawn against 196 the appellants for their refusal to join the TIP. This view has found favour time and again by this Court. It is pertinent to note that it is dock identification which is a substantive piece of evidence. Therefore even where no TIP is conducted no prejudice can be caused to the case of the Prosecution. In Mullagiri Vajram vs. State of A.P. 1993 Supp. (2) SCC 198, it was held that though the accused was seen by the witness in custody, any infirmity in TIP will not affect the outcome of the case, since the deposition of the witnesses in Court was reliable and could sustain a conviction. The photo identification and TIP are only aides in the investigation and does not form substantive evidence. The substantive evidence is the evidence in the court in oath.
How to conduct s.313 Cr.P.C
127) Further it is not necessary that the entire prosecution evidence need to be put to the accused and answers elicited from him/even if an omission to bring to the attention of the accused an inculpatory material has occurred that ipso facto does not vitiate the proceedings, the accused has to show failure of justice as held in Swaran Singh (supra) and followed in Harender Nath Chakraborty vs. State of West Bengal, (2009) 2 SCC 758. 128) Hate Singh’s case (supra) relied upon by the appellant is clearly distinguishable from the facts of the present case. In the said matter, the case of the prosecution was that two brothers Hate and Bheru fired one shot each at the deceased who received three wounds. It was opined that three wounds which could have been from a single shot. It was the consistent stand of the Bheru that he fired the shots (with double barrel), whose appeal was, therefore, dismissed in limine. While that of Hate (appellant in the said case) was that though present with a gun, he did not fire any shot (with his single barrel). That single barrel was found loaded (Article E) this fact was accepted throughout. Witnesses also saw Bheru firing the first shot. The Court held that the fact that both the brothers absconded was given much importance by the High Court and Sessions Court but were not asked to explain it at any stage.
130) (i) False answers under Section 313 Cr.P.C:
This Court has time and again held that where an accused furnishes false answers as regards proved facts, the Court ought to draw an adverse inference qua him and such an inference shall become an additional circumstance to prove the guilt of the accused. In this regard, the prosecution seeks to place reliance on the judgments of this Court in Peresadi vs. State of U.P., (1957) Crl.L.J. 328, State of M.P. vs. Ratan Lal, AIR 1994 SC 458 and Anthony D’Souza vs. State of Karnataka (2003) 1 SCC 259 where this Court has drawn an adverse inference for wrong answers given by the appellant under Section 313 Cr.P.C. In the present case, the appellant-Manu Sharma has, inter alia, has taken false pleas in reply to question nos. 50, 54, 55, 56, 57, 64, 65, 67, 72, 75 and 21.0 put to him under Section 313 of the Code.
Party
Sidhartha Vashisht @ Manu Sharma vs. State (NCT of Delhi) – CRIMINAL APPEAL NO. 179 OF 2007 – APRIL 19, 2010.
