Appreciation of Evidence

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APPRECIATION OF EVIDENCE


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I t m e a n s :-

y Examine the reliability quotient of the

evidence produced

y Recognition of the value & significance of

the evidence, estimation made justly.

y Evidence to be tested by its inherent

probability of the prosecution story.

y Apply the test of human probabilities.


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EVIDENCE OF UNTRURTHFUL & UNWILLING

WITNESSES

y

Evidence may be accepted partially or in thewhole .

y Where there are certain infirmities, the

evidence would be of restrictive use.

y

Witness brought to court under arrest -anunwilling witness - his evidence has little

value.

y Witness voluntarily appears before the court

- evidence cannot be rejected as not

summoned by the court.

y Where the witnesses are strangers to the

accused didn't disclose the incident of

assault to anybody for two days - testimony

held not reliable.


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CASE LAWS ON APPRECIATION OF

EVIDENCE OF UNTRUTHFUL

WITNESSES

y Identification of the

accused by the eye-

witnesses in streetlight. High Courtdismissed theevidence couldnt

have recognisedfaces in such dimlight. Held improperjudgement.

y Evidence of

exchange ofwords between

husband and wife is

not a sufficient

basis to presumethe murder .

State of U. P. v. Bhorra (AIR 1998

SC 254)

Udiya v. State of Rajasthan

(1997 CrLJ 516).


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INABILITY OF THE WITNESSES

y The injuries caused

to the deceasedwere sufficient tocause his death inthe ordinary courseof nature,subsequentdevelopment ofsepticaemia couldnot be taken intoaccount.

Due to serious head

injuries thew

itnesswas unable to speak

his statement -

recorded 15 days after

the incident - held to

be proper.

St t f H r . l ( r ( r 3 ( SC))

Prith i . M ir j (AIR

004 SC .)A


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UNDER THE LAND ACQUISITION

ACTy Anakapalli v. Padala Venkata Ramana (1999

AI C 2612 (para )(AP))

y A tenant went abroad for six years and the

nephew paid rent and conducted thebusiness. He gave returns of the shop to

the tenants wife and he had every

intention to return back. Held that thenephews possession, being on behalf of

the tenant, the tenant could not be evicted

for sub-letting.


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What Part Of Evidence Represents The True And Correct State

Of

Affairs, that courts take into consideration :-

1) Level of understanding of witnesses

2) It is upon the court to separate the grain from the chaffGanesh K Gulbe v State of Maharastra, AIR 2002 SC 3068

Defective Investigation The Investigation By Itself Cannot

Be Made A Ground For Acquitting The Accused.

Change In Place Of Occurrence

H.P. v Lekhraj, AIR 1999 SC 3916

APPRECIATION OF EVIDENCE IN MURDERAPPRECIATION OF EVIDENCE IN MURDER

CASECASE


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DACOITY AND MURDER

No HardAnd Fast Rules Can Be Laid Down

ForAppreciation Of Evidence.

Parsuram V State of U P 1996 CrLJ

2316

Two Views Possible The View Which Is

Favourable To The Accused Has To BeAdopted.

Incriminating Circumstances


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PREPARATION FOR DACOITY

EVIDENCE AGAINST THE

ACCUSED

TERMINATION OF CONTRACT

KEEPING ARTICLES FOE ONEjSOWN PURPOSE


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RE-APPRECIATION OF EVIDENCE

MIS- APPRECIATION OF EVIDENCE


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DEVIATION FROM THE NORMALRULE OF

APPRECI

ATION

PROBATIVE VALUE OF EVIDENCE


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the evidence of the prosecutrix is reliable

mere absence of injury on her private parts

Corroboration of testimony of the prosecutrixas a condition for judicial reliance


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COUNTRY MADE FIRE-ARMS

MANUFACTURED IN STANDARD

FACTORIESMohd. Islam v. State of U.P. 1993CriLJ 1736 (1747) (AII)

comparison with country made fire-armsand the arms manufactured in standard

factories in relation to authorities on

Medical Jurisprudence.


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BANK DOCUMENT-DATA AND

TIME OF PRESENTATION-

y There was no infirmity

in the testimony of theofficer as regards the

date and the time of

presentation of the

documents.y Swiss Bank Corporation v. Jai

Hind Oil Mills Co., (1994) 1 Bom

Cr 371 (388.


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EMBEZZLEMENT-ENTRIES IN RECORD-

PROOF-

y prosecution has to provethe handwriting andsignature of accusedbeyond allreasonable doubt.

y

State of Haryana v. ParmanandCriLJ 396 (399) (P&H).


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AUTOPSY REPORT

autopsy report of the deceased persons

deposition of the autopsy surgeon


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POWERS OF APPELLATE COURT-

yPowers wide as that

of the trial court

yPower to review theevidence

yPower to arrive its

own conclusion

ySukhdev singh v. state of

punjab


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Appreciation of Evidence

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