Appreciation of Evidence in Sessions Cases - Justice D.Murugesan

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(14) DNA TEST (a) Evidence:- Sections 112 and 4 of IEA, 1872 – Conclusiveness of presumption under section 112, held, cannot be rebutted by DNA test – DNA test value of – Banarsi Dass vs. Teeku Dutta – (2005) 4 SCC 449. (b) Compulsion on Parties:- DNA test – A party to a proceeding cannot be compelled against his/her wish to undergo any such (DNA) test the Court on its own could not have imposed a condition without any condition whatsoever – Amarjit Kaur vs. Harbhajan Singh – (2003) 10 SCC 228. 38
(15) CIRCUMSTANTIAL EVIDENCE Section 3 – Medical Evidence – Alleged variance with ocular evidence – Eye-witnesses account found to be credible and trustworthy – Medical evidence pointing to alternative possibilities is not to be accepted as conclusive – 2008 AIR SCW 5578. (a) Prosecution case solely based on the circumstantial evidence:- Evidence – Appreciation of – Prosecution can solely based on the circumstantial evidence – Principles of appreciation of circumstances from which the conclusion of guilt can be drawn. In Sarbir Singh vs. State of Punjab – 1993 Supp (3) SCC 41 it was held as follows : "It is said that men lie but circumstances do not. Under the circumstances prevailing in the society today, it is not true in many cases. Sometimes the circumstances which are sought to be proved against the accused for purpose of establishing the charge are planted by the elements hostile to the accused who find out witnesses to fill up the gaps in the chain of circumstances. In Countries having sophisticated modes of investigation, every trace left behind by the culprit can be followed and pursued immediately. Unfortunately it is not available in many parts of this country. That is why the Courts have insisted I.The circumstances from which the conclusion of guilt is to be drawn should in the first instance be fully established; II.All the facts so established should be consistent only with the hypothesis of the guilt of the accused and should be such as to exclude every hypothesis but the one sought to be proved; III.The circumstances should be of a conclusive nature; IV.The chain of evidence should not have any reasonable ground for a conclusion consistent with the innocence of the accused. In Padala Veera Reddy v. State of A.P. [1989 Supp (2) Supreme 706], the Hon’ble Apex Court laid down the principle that when a case rests upon circumstantial evidence, such evidence must satisfy the following tests: "(1) the circumstances from which an inference of guilt is sought to be drawn, must be cogently and firmly established; (2) those circumstances should be of a definite tendency unerringly pointing towards guilt of the accused; (3) the circumstances, taken cumulatively, should form a chain so complete that there is no escape from 39
Page 1: APPRECIATION OF EVIDENCE IN SESSION
Page 5 and 6: APPRECIATION OF EVIDENCE INTRODUCTI
Page 7 and 8: case mainly based on the appreciati
Page 9 and 10: the weapons, if any, used, as also
Page 11 and 12: (2). INQUEST REPORT (A). Scope and
Page 13 and 14: (4). CONFESSION (a). What is Confes
Page 15 and 16: (5). EXTRA - JUDICIAL CONFESSION Co
Page 17 and 18: Scope and applicability of Extra-Ju
Page 19 and 20: (6) CONFESSION OF CO-ACCUSED - RETR
Page 21 and 22: discovered is admissible. The rest
Page 23 and 24: Para 21. At one time it was held th
Page 25 and 26: necessarily be made to a Magistrate
Page 27 and 28: Section 32 - Multiple dying declara
Page 29 and 30: declaration be excluded it will res
Page 31 and 32: (10) COMMON INTENTION AND COMMON OB
Page 33 and 34: the accused from which their common
Page 35 and 36: “Section 120-A reveals that a cri
Page 37 and 38: (g) Witness already seen the accuse
Page 39 and 40: (13) EXPERT OPINION (a) Doctor’s
Page 41: foot print is not a fully developed
Page 45 and 46: The circumstantial evidence in orde
Page 47 and 48: otherwise found to be credible, esp
Page 49 and 50: (18) WITNESSES (a). Sole eye-witnes
Page 51 and 52: …. '14. But it would, we think, b

Appreciation of Evidence in Sessions Cases - Justice D.Murugesan

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