Related witnesses -- Testimony is required to be scrutinised with more care and caution and if it finds sufficient corroboration from other evidence, then relationship should not be made a ground to throw away his testimony...........
Terrorists and Disruptive Activities (Prevention) Act, 1987, Section 15 -- Confession - Recorded by Police Officer - Confession recorded u/s 15 of the Act is a substantive piece of evidence and it could be accepted provided there is corroboration by other material particulars ...........
Terrorists and Disruptive Activities (Prevention) Act, 1987, Section 15, Evidence Act, 1872, Section 24 -- Confession - Recorded u/s 15 of TADA Act is a substantive piece of evidence - However, as a 'Rule of Prudence', it could be accepted only when there is corroboration...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52, 57 -- Charas - Recovery of 7 kg. - No evidence as to compliance of provisions of Ss.52 & 57 - No evidence that Arresting Officer informed accused as to ground of his arrest and no evidence that any information was given by informant to his Superior Official - Reasonable possibility of plantation of..........
Evidence Act, 1872, Section 30 -- Confession by co-accused - Weak evidence - No conviction without corroboration on material particulars...........
Evidence Act, 1872, Section 9 -- Test Identification Parade - Not substantive evidence - However, test parade is a safe rule of prudence and can be used for corroboration purpose...........
Evidence Act, 1872, Section 32 -- Dying declaration - Accused can be convicted on the basis of dying declaration without any further corroboration if it is true and voluntary, it is not a result of either tutoring or prompting or a product of imagination and deceased was in a fit state of mind...........
Evidence Act, 1872, Section 32 -- Dying declaration - Principles governing: (i) Dying declaration can be acted upon without corroboration; (ii) Accused can be convicted on the basis of dying declaration without corroboration, if it is true and voluntary; (iii) The Court has to scrutinize the dying declaration carefully and must ensure that the declaration is not the result..........
Evidence Act, 1872, Section 3 -- Official witness - Independent witness associated but could not be examined as evidence was closed by order of Court - Held, that conviction can be there on the testimony of official witnesses - No need of corroboration by independent witnesses - Testimony of official witnesses should be treated in the same manner as the testimony of any..........
Criminal Procedure Code, 1973, Section 164, Evidence Act, 1872, Section 24 -- Confession - It is a relevant fact - It can be acted upon - Confession may under certain circumstances form the basis of conviction - For the said purpose Court has to satisfy itself in regard to (i) voluntariness of the confession; (ii) truthfulness of the confession; (iii) corroboration...........
