Evidence Act, 1872, Section 21 -- Extra judicial confession - Can be used against its maker, but as a matter of caution, Courts look for corroboration to the same from other evidence on record...........
Indian Penal Code, 1860, Section 376 -- Rape - Statement of prosecutrix, if found to be worthy of credence and reliable, requires no corroboration - Court may convict the accused on the sole testimony of the prosecutrix...........
Evidence Act, 1872, Section 112, 114 -- Paternity of child - Presumption as to - Held, in a case based on paternity claim, it would be unsafe to reach a conclusion solely on mother's assertion on paternity of child, without independent corroboration of mother's testimony - Merely because first party (mother) was engaged for domestic chores in house of petitioner, can't..........
Evidence Act, 1872, Section 133, 114(b) -- Accomplice is competent to give evidence - However, it is almost always unsafe to convict upon his testimony alone - Though conviction of an accused on the testimony of an accomplice cannot be said to be illegal yet Court will, as a matter of practice, not accept the evidence of such a witness without corroboration in material..........
Evidence Act, 1872, Section 133, 114(b) -- Accomplice - Once the evidence of approver is held to be trustworthy, it must be shown that the story given by him so far as an accused is concerned, must implicate him in such manner as to give rise to a conclusion of guilt beyond reasonable doubt - Insistence upon corroboration is based on the rule of caution and is not merely a..........
Eye witness -- Where large number of offenders are involved, it is necessary for the Court to seek corroboration, at least, from two or more witnesses as a measure of caution - However, it is the quality and not the quantity of evidence to be the rule for conviction even where the number of eye witness is less than two...........
Evidence Act, 1872, Section 32, Evidence Act, 1872, Section 32, Evidence Act, 1872, Section 32, Indian Penal Code, 1860, s 34, 302 & 341 -- Dying declaration - Corroboration - If on careful scrutiny, Court is satisfied that dying declaration is true and free from any effort to induce the deceased to make a false statement and if it is coherent and consistent, there should..........
Evidence Act, 1872, Section 32, Evidence Act, 1872, Section 32, Evidence Act, 1872, Section 32, Indian Penal Code, 1860, s 34, 302 & 341 -- Dying declaration - Principles to be kept in view while dealing with a case of dying declaration : (i) Dying declaration can be the sole basis of conviction if it inspires the full confidence of the Court; (ii) The court should be..........
Negotiable Instruments Act, 1881, Section 138 - - Version of complainant - Corroboration of - Held, even if there is dispute over execution of cheque, law does not insist that corroboration must be required for accepting version of complainant - When evidence of complainant, examined as PW1, was found trustworthy, nothing more was required to prove execution of cheque by..........
Contradictions, omissions and exaggeration in evidence of eyewitnesses -- Defence has cross-examined these witnesses at length but in their evidence they have specifically and categorically deposed about happening of incident - There is consistency in the evidence of PW2, PW3, PW8, PW12 and PW14 relating to the act attributed to each of the accused/appellants - Their..........
