FIRST LAW

The Indian Evidence Act, 1872 - Section 27 - Recovery - It is not the discovery of every fact that is admissible but the discovery of relevant fact is alone admissible. Relevancy is nothing but the connection or the link between the facts discovered with the crime.

The Motor Vehicles Act, 1988 - Sections 134 and 187 - The Indian Penal Code, 1860 - Sections 279, 337 and 304A - The Indian Evidence Act, 1872 - Sections 137, 139 and 145 - Importance of cross­examining a witness - There is nothing in the Act to preclude citing of a witness in motor accident claim who has not been named in the list of witnesses in the criminal case. What is essential is that the opposite party should get a fair opportunity to cross examine the concerned witness. Once that is done, it will not be open to them to complain about any prejudice caused to them. If there was any doubt to be cast on the veracity of the witness, the same should have come out in cross examination, for which opportunity was granted to the respondents by the Tribunal.

The Indian Evidence Act, 1872 - the scope of permitting parties to adduce secondary evidence after examining the probative value of the document in question.

Evidence Act, 1872 - S. 126 - Professional Communications - Whether the order of the court below summoning the lawyer of the petitioner could be said to be illegal and the request to summon the lawyer of the opposite party if allowed would offend Section 126 of the Act.

Evidence Act, 1872 - Section 65B (4) -  Family Courts Act, 1984 -  Section 14 - W hether the CD produced before the Family Court could be admitted in evidence in the absence of certification - Held, the CD produced before the Family Court is admissible in evidence, despite the fact that it was not certified.

Evidence Act, 1872 - S. 65B - Whether the document can be relied in evidence, which is prepared in electronic machine, without required certificate as per the provisions of the Information and Technology Act, 2000 - Whether the documents which are, electronic record, is required to be proved as per the provisions of Section 65B of the Indian Evidence Act? Discussed.

Evidence Act, 1872 - S. 114 -  Presumption as to legality of marriage -  where a man and woman continues cohabitation for a number of years, there is presumption that they lived as husband and wife.

Evidence Act, 1872 - S. 27 - Only the recovery of weapon of commission of offence would be taken to be admissible as a discovered fact pursuant to the disclosure made by the accused but not his confessional statement that he had murdered the deceased by the said weapon.

Evidence Act, 1872 - S. 9 -  Merely having identification of the accused persons and articles by prosecution, which has not been proved, the conviction of the accused is unsustainable in law. Evidence Act, 1872 - S. 9 - When the witness fails to identify the accused in Court, there remains no substantive evidence at all on which a conviction can be based. Evidence Act, 1872 - S. 9 - Identification of the accused by way of Test Identification Parade is primary evidence, but it is not a substantive piece of evidence. Such evidence can be used for the purpose of corroboration regarding identification of the accused by witness before the Court.  In case, the accused has not been identified by the witness in Court, it may not be a substantive piece of evidence, but after his / her identification, it would be vice versa; and Court may rely on such evidence for the purpose of convicting the appellant. It can safely be observed that a witness is put to Test Identification Parad...

Criminal P.C. 1973 -  S.374 - Penal Code, 1860 - S. 302 -  Evidence Act, 1872 -  S. 32 -  Dying Declaration -  A dmissibility of -  One of the principles, which is always kept in mind, while examining the dying declaration of the deceased is that "a man will not meet his Maker with a lie in his mouth".

Criminal P.C. 1973 - S. 228 -  Framing of Charge -  While framing charge, the trial Court in exercise of the power under section 228 Cr.P.C., has to form an opinion judicially for its  prima facie  satisfaction on the basis of the material available on record that there is a ground for  presuming  that the accused has committed an offence and is not expected to critically evaluate the material/evidence placed on record by the prosecution.

The principles of Section 304-B of I.P.C. and Section 113-B of the Evidence Act are summerised by Supreme Court in the case of Kashmir Kaur Vs. State of Punja, AIR 2013 SC 1039 , as under:-

Law summarized on Electronic Evidence Summation of the law laid down by the Apex Court in respect of admissibility of electronic evidence : 

Evidence Act, 1872 - Ss. 27 & 65B - Penal Code, 1860 - Ss.  120B,  147, 148,   149,  302 & 506B -  Electronic Evidence -  CCTV footages from Hard Disk, CD and DVD -  Significant aspects to be noted in respect of electronic evidence produced -  I dentification of Accused -  U nlawful Assembly - Criminal Conspiracy  -  Chain of the facts and circumstances established.

Evidence Act, 1872 -  S.114 -  Penal Code, 1860 - Ss. 411, 457 & 380 - Theft -  Lurking house trespass -  Dishonestly receiving stolen property - A ccused not guilty under Sections 457 and 380 I.P.C, but the 2 nd  accused was found guilty under Section 411 I.P.C. Though the prosecution could not effectively and successfully prove the alleged offence of lurking house trespass and theft, the evidence adduced by the prosecution clearly proved the offence under Section 411 I.P.C as against the 2 nd  accused. It was in such a circumstance, the trial court found him guilty under Section 411 I.P.C as a lesser offence.

Constitution of India -  Art. 227 -  Evidence Act, 1872 -  S. 112 -  Criminal Procedure Code, 1973 -  Ss. 125 & 362 -  Family Courts Act, 1984 -  Ss. 7, 8 & 20 - W hether the Minor child is entitled to receive maintenance from his biological father under section 125 of the Cr.P.C.

Indian Penal Code, 1860 -  Section 302 r/w. Section 34 -  Section 392 r/w. Section 34 - Section 397 - Section 411 -  Eyewitness Evidence - E xtra Judicial Confession - C ircumstantial Evidence - P anchsheel Principles - Discussed.

Evidence Act, 1872 - Ss. 74, 76, 77 -  Public Documents -  Certified copies of public documents -  Proof of documents by production of certified copies -  Station Diary is a public record and even a certified copy thereof can be produced in proof of it. 

Evidence Act, 1872 - S. 27 -  Section 27 of the Evidence Act is applicable only if the confessional statement leads to the discovery of some new fact. The relevance is limited as relates distinctly to the fact thereby discovered.  [Para 22]

Evidence Act, 1872 -S.120 -  Building (Lease and Rent Control) Act 1965 ( Kerala)   -  S. 11(3) - H usband or wife of any party shall be a competent witness in a proceeding before the Rent Control Court.