Evidence Act

Evidence - proof - Presumption

• no direct proof is necessary because conspiracies are hatched in secrecy.
• Relevant provisions of Law of Evidence - A discussion:
• Presumptions:
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Secondary Evidence

• Whether it is mandatory to file application seeking permission to lead secondary evidence?
• "Hearsay.
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Circumstantial Evidence

• Suspicion need to be supported by evidence
• Lingering Doubt Theory
• When two points of view are possible, consider in favor of adopting the innocence of the accused.

Murder

IMEI Number

• last digit may be different

Electronic Evidence

• CDRs without the Section 65B certificate.
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Identification Parade and in court

• identification parade - only corroborative , identification done in the Court, is a substantive piece of evidence
• An identification parade is not mandatory nor can it be claimed by the suspect as matter of right.

evidentiary value of Income Tax Documents

• Burn and Stodart JJ. in Mythili v. Janaki (1940) 27 A.I.R. Mad. 161

Untested by cross examinatin

• Evidence untested by cross examination - Cannot be rejected as inadmissible

Evidence is to be weighed and not counted

• Section 134 of Indian Evidence Act, 1872, enshrines the well-recognized maxim that evidence has to be weighed and not counted.

exhibition of Documents

• Insufficiently Stamped Documents

Confession

• LAW RELATING TO CONFESSION

Accomplice - Approver

• ACCOMPLICE EVIDENCE