Indian Evidence Act Flashcards
Circumstantial Evidence: 4 rules laid down in:
- Umedbhai Jadavbhai v. State of Gujarat 1978
- State of U.P. v. Ravindra Prakash Mittal 1992
- Ganapati Singh v. State of M.P.
What are the 4 rules for circumstantial evidences?
- The circumstances from which an inference of guilt is drawn must be Cogently and firmly established
- Those circumstances should be definite and unerringly point towards the guilt of the accused
- Circumstances should form a chain so complete that there is no escape from the conclusion that within all human possibility the crime was committed by the accused
- Such circumstances should be incapable of any hypothesis other than the guilt of the accused and it should be inconsistent with the innocence of the accused
Statements in affidavit do not constitute Evidence within section 3
Sudha devi v. M.P. Narayanan 1988
Evidence of tracker dog
Abdul razak v. State 1970
Electronic Evidence
Section 2(1)(f) Information Technology Act 2000
Section 65B compliances cases
Anvar P.V. v. P.k. Basheer 2014
Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal 2020
Evidence in departmental inquiry
SBI v. National housing bank 2013
Evidence obtained in other investigation
Ronny v. State of Maharashtra 1998
Illegally obtained evidence
Umesh Kumar v. State of A.P.
FIR as evidence- not a substantive piece of evidence
Utpal Das v. State of West Bengal 2010
Evidence can be given by a way of electronic records
State of Maharashtra v. Praful B. Desai 2003
Appreciation of evidence- analysis of evidence by the court to ascertain reliability and genuineness of the evidence
Ganesh K. Gulve v. State of Maharashtra 2002
R. Jayapal v. State of Tamil Nadu 2019
Falsus in uno. Falsus in omnibus
Kameshwar singh v. State of bihar 2018
Mahendran v. State of Tamil Nadu 2019
Proved- as per reasonable man
M. Narsimha Rao v. State of A.P. 2001
Disproved- as per the belief of court,probability or prudent man
Chaturbhiug Pandey v. Collector of Raigad 1969