Evidence Act, 1872, Section 137, 138 -- Cross-examination - Specific suggestions were given by PWs during their cross-examinations, but those suggestions were denied by witnesses - Mere suggestion in cross-examination unsupported by defence evidence has no evidentiary value...........
Evidence Act, 1872, Section 154 -- Hostile witness - Evidentiary value of - Evidence of a person does not become effaced from the record merely because he has turned hostile rather his deposition must be examined more cautiously to find out as to what extent he has supported the case of prosecution...........
Evidence Act, 1872, Section 3 -- Audio data - Admissibility - To be determined on the basis of facts leading to its recording and preserving its originality subject to cross examination - There is no other method to adopt which could facilitate its evidentiary value otherwise...........
Evidence Act, 1872, Section 45 -- Expert opinion - Determination of age of writing of ink - An expert opinion as to determine the age of writing of ink can be possible and to admit is relevant, it is premature to determine its evidentiary value as whether it can be basis or not and whether to serve as a piece of corroboration and if so to what extent is to be determined..........
Indian Penal Code, 1860, Section 384, 506, 120B, Evidence Act, 1872, Section 26, 27 -- Confession of co-accused - Evidentiary value - Confessional statement of co-accused cannot by itself be taken as a substantive piece of evidence against another accused and thus, cannot be made basis for conviction of accused without corroboration - Such statement can at best be used or..........
Criminal Procedure Code, 1973, Section 154 -- FIR - Evidentiary value - FIR as such is not substantive evidence - It may be used either to corroborate informant u/s 157 of Evidence Act or to contradict him u/s 145 of Evidence Act, when he is called as a witness...........
Evidence Act, 1872, Section 35 -- Revenue entries - Revenue records by themselves cannot be treated as documents of title - However, fact remains that both u/s 35 of the Act and because of fact that they are the result of a `physical exercise' done on the land, they do have a certain evidentiary value...........
Evidence Act, 1872, Section 65 -- Secondary evidence - If primary evidence is not available, the party can lead secondary evidence - There is no provision for moving an application for seeking formal permission to lead secondary evidence - Evidentiary value of such secondary evidence has to be considered by Court at the time of ultimate decision of the case - Secondary..........
Evidence Act, 1872, Section 32(1) -- Dying declaration - Not read over to declarant - Evidentiary value - A dying declaration cannot be rejected merely because the same was not read over to declarant and declarant admitting the same to be correctly recorded - Rather this can be one of the factors, if it assumes significance in facts and circumstances of any case...........
Evidence Act, 1872, Section 9, Indian Penal Code, 1860, Section 302, 364, 392, 34 -- Test Identification parade (TIP) - Murder - Identity of accused already disclosed to witnesses before TIP - Identity of accused by said witnesses before Court is of no evidentiary value, as it is not fair and reliable - Consequently circumstantial evidence of last seen does not itself..........
