Judgments - Evidence
RAGHUVEER SHARAN VERSUS DISTRICT SAHAKARI KRISHI GRAMIN VIKAS BANK
Md. Jabbar Ali & Ors. Vs. The State of Assam
Ravi Sharma Versus State (Government of NCT of Delhi) and Anr.
Nanda Dulal Pradhan & Anr. Versus Dibakar Pradhan & Anr.
Chandresh Marskole Vs. The State of Madhya Pradesh
Shiv Kumar Singh and another Vs. State of M.P.
Law laid down - For the purpose of invoking the provisions of Section 65 of Indian Evidence Act, 1872, the conditions of Section 63 has to be satisfied first then only secondary evidence can be allowed. Full Judgment
Anil Kumar Kanojia Vs. State of Madhya Pradesh
Law laid down - 1.Evidence of a witness examined in other trial can be relied and used only when exigencies provided under Section 299 of Code of Criminal Procedure, 1973 are fulfilled i.e. if it is proved that witness had absconded or died or there is no immediate prospect of arresting him, without an amount of delay, expense or inconvenience which, under the circumstances of the case, would be unreasonable. 2.If the eventualities mentioned in Section 299(1) of the Code of Criminal Full Judgment
PARVEEN @ SONU vs. The State of Haryana
Union of India and Ors. Versus Mudrika Singh
SUSHIL ANSAL VERSUS STATE OF NCT DELHI
Devkaran Vs. State of M.P.
Law laid down - (A) Conviction only on the basis of dying declaration recorded under Section 32 of Evidence Act – Before convicting only on the basis of dying declaration, the Court must act with prudence and due caution and care and in case doubt arises, then it is an obligation to closely scrutinise all the relevant attendant circumstances. Judgments relied upon :– (1) Khushal Rao Vs. State of Bombay [AIR 1958 SC 22]. (2) Panchdeo Singh Vs. State of Bihar [AIR 2002 Full Judgment
Naresh vs. State of MP
Munnalal and Jagdish Vs. State of M.P.
Law laid down - (1) Prosecutrix in a rape case – conviction can be based only on the basis of solitary evidence of prosecutrix but such witness should be of “sterling quality”. Citation relied upon - Krishna Kumar Malik Vs. State of Haryana [(2011) 7 SCC 130] & Rai Sandeep @ Deepu Vs. State (NCT of Delhi) reported in (2012) 8 SCC 21]. (2) While deciding rape case, the Court must also evaluate the impact of such insinuation on a person Full Judgment
Radheshyam vs. Kamla Devi & Others
Law laid down - (1) Under Section 112 of Indian Evidence Act birth during marriage, is conclusive proof of legitimacy, therefore bars DNA testing but when blood relation of siblings is being challenged, there shall be no bar under Section 112 of Indian Evidence Act. Full Judgment
ATLANTA INFRASTRUCTURE LTD. VERSUS DELTA MARINE COMPANY & ORS.
R.K. Akhande vs. Special Police Establishment, Lokayukt, Bhopal and another
Law laid down - 1. Direction by the Magistrate to give voice sample during investigation does not violate Article 20(3) of the Constitution of India. 2. Article 20 of the Constitution of India extends certain protection to a person in respect of the conviction for offence and sub-clause (3) thereof provides that no person accused of any offence shall be compelled to be a witness against himself. The protection extended by Article 20(3) is only to the extent of being written against Full Judgment
Pappu @ Dayaram Vs. State of M.P
Law laid down - Section 32 of Indian Evidence Act – Dying Declaration-The conviction can be based solely on the basis of an oral dying declaration provided such declaration is free from any doubt and its correctness and genuineness is out of question. Multiple Dying Declarations - If there are more than one dying declaration, Court needs to examine qualitative worth of each declaration and not number of declarations. The dying declaration must be examined with utmost care and caution because the maker Full Judgment
Kuldeep Choudhary @ Kuldeep Yadav & another Vs. State of Madhya Pradesh
Law laid down - Section 32(1) of Indian Evidence Act, 1872 - If nature of injuries found on the person of deceased were not grievous in nature and were not sufficient to cause death, oral dying declaration/statement given by him does not fall within the ambit and scope of “dying declaration” envisaged in Section 32(1) of the Act. The Court needs to examine carefully whether injuries on the person are sufficient to cause death and this depends on the factual matrix Full Judgment