Evidence Act, 1872, Section 45 -- Expert opinion - Should be demonstrative and should be supported by convincing reasons - If report of an expert is slipshod, inadequate or cryptic and information on similarities or dissimilarities is not available in the report of an expert then his opinion is of no value...........
Evidence Act, 1872, Section 3 -- Non-examination of material witness, who could have unfolded the relevant facts of the case necessary for adjudication, makes the prosecution version doubtful...........
Criminal law -- Eye witness fled from the spot - It completely over-rides the direct evidence rule, because ultimately probabilities creating doubt with respect to the cause and modus operandi of offence increases when alleged eye witness flee away from the place of occurrence...........
Criminal law -- Medical evidence - Where medical evidence is such that it does not give any clear opinion with respect to the injuries inflicted on the body of victim or deceased, as the case may be, the possibilities that the injuries might have been caused by the accused are also ruled out...........
Criminal law -- Medical evidence - Very important in assessing the testimony of eye witnesses and in determining whether the testimony of eye witnesses can be safely accepted...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Contradictions in testimonies of PWs and none of them is eye witness to the alleged incident - Delay of 6 days in lodging FIR not explained - Medical evidence not supported ocular evidence - Eye witness to the incident has neither stated as to when accused came with alleged weapons nor he extended any help to deceased -..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Medical evidence - Cause of injuries neither mentioned by doctor in his deposition nor in post mortem report - Neither any opinion formed to create independent testimony - Where medical evidence is such that it does not give any clear opinion with respect to injuries inflicted on the body of victim or deceased, as the..........
