This rule allows the defendant and the state to request a witness's statement from the presenting adverse party after the witness has testified on direct examination. The court observed that there were pending litigation between them and dirty water stream induced the frustration between them. E2007-01018-CCA-R3-CD (Tenn. Crim. The simplest meaning of this section is a condition when the incident took place and the accused is charged for the incident then he may make defend him on explaining that at the time of the incident he was not present at the location. But the general definition of ‘witness’ is- A witness is a person who voluntarily provides evidence to clarify or to help the court in determining the rights and liabilities of the parties in the case. Alibi is a maxim which means at another place. The term ‘evidence’ is derived from Latin word i.e., ‘Evident’ or ‘Evidere’ which means ‘to show clearly, or to discover, or to ascertain or to prove.’. It denotes a strong assertion or intention to determine any fact.
The term ‘evidence’ is derived from Latin word i.e., which means ‘to show clearly, or to discover, or to ascertain or to prove.’.
the Court held that a witness administering an oath only shows the credibility of the witness and not the competency. The most important principle of this doctrine is that all the facts must be described in the same transaction.
The evidentiary value of FIR in the circumstances of dying declaration comes from the concept that- A dying declaration can also be recorded by public servants, or by a doctor as well, where the victim is hospitalized and is badly burnt or injured and wants to make a statement, the doctor can also record the same and make a note of that statement. In Rameshwar vs. State of Rajasthan, the Court held that a witness administering an oath only shows the credibility of the witness and not the competency. (2) Information Not Subject to Disclosure. Upon a defendant’s request, the state shall disclose to the defendant the substance of any of the defendant’s oral statements made before or after arrest in response to interrogation by any person the defendant knew was a law-enforcement officer if the state intends to offer the statement in evidence at the trial; (B) Defendant’s Written or Recorded Statement. In, Rajendra Kumar Vs State of Punjab: The Court held that the accused can only be convicted if the prosecution completely proves the motive and provide the supporting evidence to establish the commission of the offence by the accused. § 40-17-120. Section 164 of CrPC empowers a magistrate to record a confession in his presence and such confession will hold enough evidentiary value that the confessor can be held guilty. Three basic stages can be laid down in the examination of witnesses: Examination In Chief: When the advocate itself introduces his witness and examines them, no matter whether they are the plaintiff or the defendant, then such examination is known as ‘Chief Examination’. of the Indian Evidence Act defines the word “confession” is an admission of crime by a criminal or suggesting the inferences that he committed a wrongful act, confession can be made at any time during the trial. The only condition with these types of evidence is that they must be direct or positive for establishing the fact in issues. The reason behind frequent quarrels was that the accused diverted dirty water stream towards the house of the deceased. And it is also assumed that the words of a dying man are of very serious nature because a person on the verge of death is not likely to tell lies or to connect a case to a malice prosecution of an innocent person. (2) Failure to Comply with a Request. , the dying declaration was recorded by the doctor but the doctor did not attest the consciousness report of the deceased and also there was no thumb signature on the dying declaration, in that case, the FIR has lost its credibility and it was difficult to rely on the dying declaration. It is always preferable that the questions should be properly ordered to maintain the structure of the information. 4. P. 16(a)(1)(F) will be made reasonably available to the defendant throughout the proceeding or has failed to make the property or material reasonably available to the defendant at any time during the proceeding.
It is similar to the federal Jencks Act (18 U.S.C.
There are two relevant provisions which deal with the criminal conspiracy i.e., Section 120(A) of the Indian Penal Code and Section 10 of the Indian Evidence Act talks about the things said or done by a conspirator. The commission deliberately did not incorporate that provision of subdivision (e)(3) of the federal Jencks Act, which applies to statements of witnesses before a grand jury, and such statements are not meant to be obtainable hereunder simply because a grand jury witness testifies for the state. In, Ganesh Jadhav v State of Assam If the defence fails to challenge and impugned the relevant facts stated by the prosecution in the course of examination the witness in chief, then the Court can believe that facts produced by the prosecution are true facts. The preparation was administered clearly that it is an intention to commit burglary and the accused were waiting for the right time to get the best opportunity to execute their preparation. Pieces of Evidence are placed in the court on the basis of witness and even the genesis can be proved of the documents can be proved in the court. Whereas, facts in issue are those facts which are in question or those facts which need to be proved for the purpose of ascertaining some information and making inferences out of relevant information in the case in obtaining justice. See Sentencing Commission Comment to Tenn. Code Ann.
Once the court is in doubt with respect to plea of alibi and the accused does not give any substantive explanation to support his statement under Section 313 CrPC, then the Court is authorised to conclude a negative or not a positive inference against the accused. The Evidence act came into force from 1st September 1872 applies to all over India except the state of Jammu and Kashmir. China. Judicial Confessions are very relevant and are considered as one the most important type of confession as they are directly recorded by the court.
Such examinations are utilised to testify or impeach the credibility of a witness produced by the other party.
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