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APPRECIATION OF EVIDENCE
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APPRECIATION OF EVIDENCE
I t m e a n s :-
y Examine the reliability quotient of the
evidence produced
y Recognition of the value & significance of
the evidence, estimation made justly.
y Evidence to be tested by its inherent
probability of the prosecution story.
y Apply the test of human probabilities.
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EVIDENCE OF UNTRURTHFUL & UNWILLING
WITNESSES
y
Evidence may be accepted partially or in thewhole .
y Where there are certain infirmities, the
evidence would be of restrictive use.
y
Witness brought to court under arrest -anunwilling witness - his evidence has little
value.
y Witness voluntarily appears before the court
- evidence cannot be rejected as not
summoned by the court.
y Where the witnesses are strangers to the
accused didn't disclose the incident of
assault to anybody for two days - testimony
held not reliable.
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CASE LAWS ON APPRECIATION OF
EVIDENCE OF UNTRUTHFUL
WITNESSES
y Identification of the
accused by the eye-
witnesses in streetlight. High Courtdismissed theevidence couldnt
have recognisedfaces in such dimlight. Held improperjudgement.
y Evidence of
exchange ofwords between
husband and wife is
not a sufficient
basis to presumethe murder .
State of U. P. v. Bhorra (AIR 1998
SC 254)
Udiya v. State of Rajasthan
(1997 CrLJ 516).
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INABILITY OF THE WITNESSES
y The injuries caused
to the deceasedwere sufficient tocause his death inthe ordinary courseof nature,subsequentdevelopment ofsepticaemia couldnot be taken intoaccount.
Due to serious head
injuries thew
itnesswas unable to speak
his statement -
recorded 15 days after
the incident - held to
be proper.
St t f H r . l ( r ( r 3 ( SC))
Prith i . M ir j (AIR
004 SC .)A
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APPRECIATION OF EVIDENCE
UNDER THE LAND ACQUISITION
ACTy Anakapalli v. Padala Venkata Ramana (1999
AI C 2612 (para )(AP))
y A tenant went abroad for six years and the
nephew paid rent and conducted thebusiness. He gave returns of the shop to
the tenants wife and he had every
intention to return back. Held that thenephews possession, being on behalf of
the tenant, the tenant could not be evicted
for sub-letting.
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What Part Of Evidence Represents The True And Correct State
Of
Affairs, that courts take into consideration :-
1) Level of understanding of witnesses
2) It is upon the court to separate the grain from the chaffGanesh K Gulbe v State of Maharastra, AIR 2002 SC 3068
Defective Investigation The Investigation By Itself Cannot
Be Made A Ground For Acquitting The Accused.
Change In Place Of Occurrence
H.P. v Lekhraj, AIR 1999 SC 3916
APPRECIATION OF EVIDENCE IN MURDERAPPRECIATION OF EVIDENCE IN MURDER
CASECASE
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DACOITY AND MURDER
No HardAnd Fast Rules Can Be Laid Down
ForAppreciation Of Evidence.
Parsuram V State of U P 1996 CrLJ
2316
Two Views Possible The View Which Is
Favourable To The Accused Has To BeAdopted.
Incriminating Circumstances
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PREPARATION FOR DACOITY
EVIDENCE AGAINST THE
ACCUSED
TERMINATION OF CONTRACT
KEEPING ARTICLES FOE ONEjSOWN PURPOSE
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RE-APPRECIATION OF EVIDENCE
MIS- APPRECIATION OF EVIDENCE
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DEVIATION FROM THE NORMALRULE OF
APPRECI
ATION
PROBATIVE VALUE OF EVIDENCE
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the evidence of the prosecutrix is reliable
mere absence of injury on her private parts
Corroboration of testimony of the prosecutrixas a condition for judicial reliance
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COUNTRY MADE FIRE-ARMS
MANUFACTURED IN STANDARD
FACTORIESMohd. Islam v. State of U.P. 1993CriLJ 1736 (1747) (AII)
comparison with country made fire-armsand the arms manufactured in standard
factories in relation to authorities on
Medical Jurisprudence.
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BANK DOCUMENT-DATA AND
TIME OF PRESENTATION-
y There was no infirmity
in the testimony of theofficer as regards the
date and the time of
presentation of the
documents.y Swiss Bank Corporation v. Jai
Hind Oil Mills Co., (1994) 1 Bom
Cr 371 (388.
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EMBEZZLEMENT-ENTRIES IN RECORD-
PROOF-
y prosecution has to provethe handwriting andsignature of accusedbeyond allreasonable doubt.
y
State of Haryana v. ParmanandCriLJ 396 (399) (P&H).
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AUTOPSY REPORT
autopsy report of the deceased persons
deposition of the autopsy surgeon
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POWERS OF APPELLATE COURT-
yPowers wide as that
of the trial court
yPower to review theevidence
yPower to arrive its
own conclusion
ySukhdev singh v. state of
punjab
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