Evidence Law; Raju @ Ganga Singh Vs. State of M.P. [Madhya Pradesh High Court, 01-12-2017]

Evidence Law – Minor discrepancies, embellishments, contradictions in the evidence of witnesses would not be material to discard the prosecution story but where the discrepancies or contradictions are to such an extent which shakes the very foundation of the prosecution case and which makes the evidence of the witnesses untrustworthy, […]

Section 354A IPC; Ajay @ Bachan Vs. State [Madhya Pradesh High Court, 17-08-2017]

Penal Code, 1860 – S. 354A – Sexual Harassment – Punishment for – Absence of any independent witness – the applicant demanded sexual favour from the prosecutrix – Such indecent acts are usually committed at a secluded places, as the demand is very personal in nature, the contention about absence of any independent […]

Evidence Law; Harpal Singh @ Chhota Vs. State of Punjab [Supreme Court of India, 21-11-2016]

Evidence Act, 1872 – Sections 65A and 65B – Any electric record in the form of secondary evidence cannot be admitted in evidence unless the requirements of Section 65B are satisfied. Conspiracy – It is not necessary that all the conspirators should know each and every detail of the plot […]

How to Contradict Witness by Previous Statement

Contradict Witness : Section 145 of the Evidence Act reads as under: 145. Cross-examination as to previous statements in writing.- A witness may be cross-examined as to previous statements made by him in writing or reduced into writing, and relevant to matters in question, without such writing being shown to […]

Matrimonial Dispute; It would be inappropriate to expect outsiders to come and depose

The Supreme Court of India on July 4, 2012 in Vishwanath S/o Sitaram Agrawal Vs. Sau. Sarla Vishwanath Agrawal held that in a matrimonial dispute, it would be inappropriate to expect outsiders to come and depose. The family members and sometimes the relatives, friends and neighbours are the most natural witnesses. Matrimonial […]