It is, however, doubtful whether this rule is applicable in India. I, Allahabad: Premier Publishing Co. Relating to the commission of cognizable offence: The condition that necessitate the recording of an information under this section are firstly, that it must be an information, and secondly, it must relate to a cognizable offence on the face of it and not merely in the light of subsequent events. Logically it means that prior to that he was fully conscious. Limitations of The Statute One of the basic principle which is underlying under the criminal jurisprudence is that conviction or acquittal should always be made in conformity with the principles of natural justice and procedure established by law as provided under the Article 21 of the Constitution of India. As unreasonable delay adversely affects the evidentiary value of the F. Each case must be determined on its own facts keeping in view the circumstances in which the dying declaration was made; it cannot be laid down as a general proposition that dying declaration stands on the same footing as another piece of evidence and has to be judged in the light of surrounding circumstance and with reference to the principle governing the weighing of evidence.
It cannot be laid down as an absolute rule of law that the dying declaration cannot form the sole basis of conviction unless it is corroborated. But he did not come back. E mperorthe question before the court was whether statements from which the guilt of an accused can be inferred amounts to a confession or not. But statements made by the deceased that he was proceeding to the spot where he was in fact killed or as to the reasons for so proceeding or that he was going to meet a particular person or that he had been invited by such person to meet him, would each of them, be the circumstances of the transaction. Shall be reduced in writing: S. Therefore, if serious authentication issues arise, a technical witness may be of assistance.
It was in this situation that a magistrate was not summoned. I shut down and imaged the test system again. E-evidence is undeniably a critical new evidentiary frontier which has left both judges and attorneys struggling to understand how the admissibility of this new information fits into existing legal paradigms. The statement could be written, oral or even verbal e. Inconsistencies and conflicting inferences regarding authenticity often go to the weight of the evidence, not its admissibility.
The Court has to consider other evidence for deciding whether a case should stand or fall. The complainant informed her family and her father Faiz Ahmad arrived from Sahiwal. Judgment On Issue: The order of conviction passed by the Sessions Court and affirmed by the High Court is inter-alia based on the dying declaration of Mukhtiar Singh. It includes even the names of those who are not even accused. But it might become relevant under section 8 of the Evidence Act as to his conduct. The Supreme Court held that it was not admissible under section 32 1 as it did not relate to the cause of her own death but to that of her sister.
The statement can be used for the purpose of contradicting such prosecution witness in the manner provided by Section 145 of the Evidence Act. The statement of the deceased in this case satisfied all these conditions the declaration was true in all respects e. Finally email goes to the recipient with the last email hopped server information which does not really show the first originating email. Machhi Singh was the common accused at each trial. A report made to a police officer not incharge of police station is not F. Problem we encounter often is that lawyers, prosecutors, judges, and the general public do not have a good knowledge on how the electronic evidence works.
Also, only a confession which is voluntary and true can be acted upon that a confession which if free from any threat, inducement or promise. However there are various modes of participation -: 1. As the possibility of getting the maker of the statements in flesh and blood has been closed once and for all the endeavour should be how to include the statement of a dead person within the sweep of the sub-section and not how to exclude it therefrom. Ans: This statement of С made to A is inadmissible inasmuch as it is hearsay. Additionally in the description of the.
First is whether the said statement of the deceased would fall within section 32 1 of the Evidence Act, so as to become admissible in evidence. If a person whose statement is recorded by the police in the course of the investigation is called as a defence witness, his previous statement before the police cannot be used for contradicting him because it would be improper to allow a witness to be contradicted by a record prepared by the opposite party. The Supreme Court, agreeing with Madras High Court, laid down the following principles: 1 There is no absolute rule of law that a dying declaration cannot be the sole basis of conviction unless corroborated. Absence of same of assailant, names of witnesses, weapon used in the daily diary of police, not be said to have been recorded at the time at which it was claimed to have been recorded. Shortness, in fact, guaranteed truth. However, it becomes a substantive piece of evidence under certain circumstances but S. Before entering in to the core discussion of my topic adherence to be given to understand the congruence and compatibility of the Indian Evidence Act, 1872 and the Criminal Procedure Code , 1973 so that the topic would get more interesting and valuable one.
The current paper emphasizes upon determining the true meaning and nature of an accomplice. Evidentiary value of statements made during the period of investigation but not during the course of investigation : The restrictions imposed on the use of statements before police officer applicable only to such statements as are made to the police officer during the course of investigation. He died on the 18th, two days later. A court must as a matter of prudence resist from convicting a person solely on the basis of a confession. The main target of section 306 criminal procedure code was to ensure that criminals who were charged with heinous and grave crimes, do not evade or escape punishment and thus in this way the prosecution uses the instrument of tending pardon to accomplice on a condition that he will give evidence against the former partners in the crime. Machhi Singh was the common accused at each trial.
Time permitting I would test on several systems using several file types but I had one final step to take and that was locating the actual files referred to by the link files. During trials, judges are often asked to rule on the admissibility of electronic evidence. Because it is not made during trial, it is not given on oath, nor is it tested by cross- examination. In such a case, if there is delay in the lodging of the F. The Supreme Court had no reason to disagree with the view of the Sessions Court and the High Court that their evidence is reliable. State of Gujarat, a married woman was burnt to death by her in-laws, her dying declaration was accepted and conviction was based solely on the basis of the declaration. State of Kerala v Rasheed observed that while deciding an application to defer cross examination under Section 231 2 of the Cr.
It need not elaborate but should contain necessary allegations to constitute cognizable offences. State of Bihar, it has been held that it was admissible as an admission as to the motive of the accused under Section 21 of the Evidence Act, when an anonymous letter was written by the accused to the police officer complaining about the act of a Chowkidar, who was ultimately murdered by the accused. Customs officer, Excise officer, Forest officer and officer of Railway Protection Force are not police officers. Other information would be recorded under Section 161 Cr. Judgment On Issue: The order of conviction passed by the Sessions Court and affirmed by the High Court is inter-alia based on the dying declaration of Mukhtiar Singh. It was also held the delay in lodging F.