Supreme Court Annual Digest 2023- Indian Evidence Act, 1872

AbscondingEffects of Absconding - Mere absconding by itself cannot constitute a sole factor to convict a person. It may be because an accused may abscond as he might fear an illegal arrest. (Para 25) 2023 LiveLaw (SC) 889 AdmissionAny concession or admission of a fact by a defence counsel would definitely be binding on his client, except the concession on the point of law. (Para 39) 2023 LiveLaw (SC) 279AlibiPrinciples relating to plea of alibi & delaying in registering FIR: Supreme Court explains. 2023 LiveLaw (SC) 891Ballistic ExpertIn cases where injuries are caused by firearms, the opinion of the ballistic expert is of a considerable importance where both the firearm and the crime cartridge are recovered during the investigation to connect an accused with the crime. Failure to produce the expert opinion before the trial court in such cases affects the creditworthiness of the prosecution case to a great extent. (Para 23, 24) 2023 LiveLaw (SC) 516Burden of ProofBurden of Proof - There are two senses in which the phrase 'burden of proof' is used in the Evidence Act. One is the burden of proof arising as a matter of pleading and the other is the one which deals with the question as to who has first to prove a particular fact. The former is called the 'legal burden' and it never shifts, the latter is called the 'evidential burden' and it shifts from one side to the other. (Para 29) 2023 LiveLaw (SC) 866Certified CopyCertified copy can be produced to prove original sale deed in trial. 2023 LiveLaw (SC) 811Chance WitnessDeposition of a chance witness whose presence at the place of incident remains doubtful should be discarded. 2023 LiveLaw (SC) 470Child WitnessCorroboration of the testimony of a child witness is not a rule but a measure of caution and prudence. A child witness of tender age is easily susceptible to tutoring. However, that by itself is no ground to reject the evidence of a child witness. The Court must make careful scrutiny of the evidence of a child witness. The Court must apply its mind to the question whether there is a possibility of the child witness being tutored. Therefore, scrutiny of the evidence of a child witness is required to be made by the Court with care and caution. (Para 8) 2023 LiveLaw (SC) 501Trial Courts should make proper preliminary examination of child witnesses before recording their evidence. 2023 LiveLaw (SC) 501Close RelativeTestimony of a close relative - A witness being a close relative is not a ground enough to reject his testimony. Mechanical rejection of an even “partisan” or “interested” witness may lead to failure of justice. The principle of “falsus in uno, falsus in omnibus” is not one of general application. (Para 17.4) 2023 LiveLaw (SC) 225Circumstantial EvidenceCircumstantial Evidence - One has to be circumspect and cautious while undertaking the exercise of linking the evidence available. Courts should not lose sight of the fact that such evidence should unerringly lead and point out the accused alone, of course, on the facts of each case. (Para 22) 2023 LiveLaw (SC) 889Circumstantial Evidence - In a case resting on circumstantial evidence, the prosecution must establish a chain of unbroken events unerringly pointing to the guilt of the accused and none other. (Para 14) 2023 LiveLaw (SC) 814Law with regard to conviction based upon circumstantial evidence - Circumstances from which the conclusion of guilt is to be drawn should be fully established - Circumstances concerned “must or should” and not “may be” established - There is not only a grammatical but a legal distinction between “may be proved” and “must be or should be proved” - Facts so established should be consistent only with the hypothesis of the guilt of the accused, that is to say, they should not be explainable on any other hypothesis except that the accused is guilty - Circumstances should be of a conclusive nature and tendency and they should exclude every possible hypothesis except the one sought to be proved, and that there must be a chain of evidence so complete so as not to leave any reasonable ground for the conclusion consistent with the innocence of the accused and must show that in all human probability the act must have been done by the accused - However strong a suspicion may be, it cannot take place of a proof beyond reasonable doubt. (Para 18, 19) 2023 LiveLaw (SC) 617Circumstantial Evidence - Cases are frequently coming before the Courts where the husbands, due to strained marital relations and doubt as regards the character, have gone to the extent of killing the wife. These crimes are generally committed in complete secrecy inside the house and it becomes very difficult for the prosecution to lead evidence - No member of the family, even if he is a witness of the crime, would come forward to depose against another family member - If an offence takes place inside the four walls of a house and in such circumstances where the assailants have all the opportunity to plan and commit ...

Supreme Court Annual Digest 2023- Indian Evidence Act, 1872

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