Evidence Act, 1872; Section 27 – Accused\’s statement recorded on a DVD and played in Court – Such a statement is in the nature of a confession to a Police Officer and is completely hit by the principles of Evidence Act. If at all the accused were desirous of making confessions, the Investigating Machinery could have facilitated recording of confession by producing them before a Magistrate for appropriate action in terms of Section 164 of the Code. Any departure from that course is not acceptable and cannot be recognised and taken on record as evidence. (Para 20). Evidence Act, 1872; Section 27 – Tendency on part of the Prosecuting Agency in getting the entire statement recorded rather than only that part of the statement which leads to the discovery of facts In the process, a confession of an accused which is otherwise hit by the principles of Evidence Act finds its place on record. Such kind of statements may have a direct tendency to influence and prejudice the mind of the Court. This practice must immediately be stopped. (Para 19). Venkatesh @ Chandra v. State of Karnataka, 2022
Evidence Act, 1872; Section 30 – Extra judicial confession is a weak kind of evidence and unless it inspires confidence or is fully corroborated by some other evidence of clinching nature, ordinarily conviction for the offence of murder should not be made only on the evidence of extra judicial confession – The extra judicial confession made by the co-accused could be admitted in evidence only as a corroborative piece of evidence. In absence of any substantive evidence against the accused, the extra judicial confession allegedly made by the co-accused loses its significance and there cannot be any conviction based on such extra judicial confession of the co-accused. (Para 77-12) Chandrapal v. State of Chhattisgarh, AIR 2022 SC 2542
Evidence Act, 1872; Section 27 – The onus is on the prosecution to prove the fact discovered from the information obtained from the accused. This is also for the reason that the information has been obtained while the accused is still in the custody of the police. Having understood the aforesaid object behind the provision, any recovery under Section 27 will have to satisfy the Court\’s conscience. One cannot lose sight of the fact that the prosecution may at times take advantage of the custody of the accused, by other means. The Court will have to be conscious of the witness\’s credibility and the other evidence produced when dealing with a recovery under Section 27 of the Evidence Act. (Para 32) Jafarudheen v. State of Kerala, 2022
Evidence Act, 1872; Section 32(1) – Test for Admissibility – The cause of death must come into question in that case, regardless of the nature of the proceeding, and that the purpose for which such evidence is being sought to be admitted should be a part of the \’circumstances of the transaction\’ relating to the death – The test is not that the evidence to be admitted should directly relate to a charge pertaining to the death of the individual, or that the charge relating to death could not be proved. (Para 77) Surendran v. State oi Kerala, AIR 2022 SC 2322
Evidence Act, 1872; Section 32 – Dying Declaration principles as to the circumstances under which a dying declaration may be accepted, without corroboration: (1) that it cannot be laid down as an absolute rule of law that a dying declaration cannot form the sole basis Of conviction unless it is corroborated; (2) that each case must be determined on its own facts keeping in view the circumstances in which the dying declaration was made; (3) that it cannot be laid down as a general proposition that a dying declaration a weaker kind Of evidence than other pieces of evidence: (4) that a dying declaration stands on the same footing as another piece Of evidence and has to be judged in the light of surrounding circumstances and with reference to the principles governing the weighing Of evidence: (5) that a dying declaration Which has been recorded by a competent Magistrate in the proper manner, that’s to say, in the form of questions and answers, and. as far as practicable. in the words Of the maker Of the declaratiom stands on a much higher fooling than a dying declaration which depends upon oral testimony which may suffer from the infirmities of human memory and human character. and (6) that in Order to test the reliability Of a dying declaration. the court has to keep in view, the circumstances like the opportunity Of the dying man for observation, for example, whether there was sufficient light if the crime was committed at night; whether the capacity Of the man to remember the facts stated, had not been impaired at the time he was making the statement, by circumstances beyond his control; that the statement has been consistent throughout if he had several Opportunities of making a dying declaration apart from the official record of it, and that the statement had been made at the earliest opportunity and was not the result of tutoring by interested parties. State of UP v. Veerpal, (2022) 4 SCC741
Evidence Act, 1872; Section 65B(4) Certificate under Section 65B(4) is a mandatory requirement for production of electronic evidence – Oral evidence in the place of such certificate cannot possibly suffice. (Para 20-21) Ravinder Singh @ Kaku v. State of Punjab, AIR 2022 SC 2726
Evidence Act, 1872; Section 114 – If a man and a woman live together for long years as husband and wife, there would be a presumption in favour of wedlock. Although, the presumption is rebuttable, a heavy burden lies on him who seek to deprive the relationship of legal origin to prove that no marriage took place. (Para 75 -20) Kattukandi Edathil Krishnan v. Kattukandi Edathil Valsan, AIR 2022 SC 2841
Evidence Act, 1872 – Classification of Evidence Circumstantial evidence, corroborative evidence, derivative evidence, direct evidence, documentary evidence, hearsay evidence, indirect evidence, oral evidence, original evidence, presumptive evidence, primary evidence, real evidence, secondary evidence, substantive evidence, testimonial evidence, etc. Rajesh Yadav v. State of UP, 2022
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