AI Overview...
Photographs Cannot Refer in Admitted Cross
Main Points and Insights
- Photograph Evidence and Identification
Courts recognize that photographs can be used to identify accused persons or establish facts, but only under strict conditions. Evidence of photographs to prove handwriting or writing is admissible only if the original is unavailable and the reproduction is faithful and genuine. (Sources: Laxmipat Choraria VS State Of Maharashtra - Supreme Court, LAXMIPAT CHORARIA VS STATE OF MAHARASHTRA - Bombay) - Authenticity and Expert Verification
For photographs to be considered reliable, they must be authentic, not fake or fabricated, and often require expert verification. Showing photographs without proper foundation or expert validation diminishes their evidentiary value. (Sources: Laxmipat Choraria VS State Of Maharashtra - Supreme Court, Ram Jatan Rai VS Sita Ram Singh - Patna) - Photographs in Cross-Examinations and Admissibility
During cross-examination, witnesses may admit that photographs are of the accused or the scene, but courts emphasize that photographs admitted as evidence must be properly proven, not merely shown or produced without proper procedure. The absence of test identification parade or proper preservation of photographs weakens their evidentiary weight. (Sources: RAJINDER KUMAR VS STATE OF DELHI - Delhi, Govind Prasad VS Vijay Singh - Rajasthan) - Limitations in Court Proceedings
Courts have jurisdiction to compare disputed photographs and writings, but only when they are properly introduced and supported by expert reports. Photographs shown in material papers but not exhibited properly are not considered substantive evidence. (Sources: Ram Jatan Rai VS Sita Ram Singh - Patna, Ramesh Charities, Rep. by its M. D. , Ramesh Babu Venigalla VS R. Ratna Sudha - Andhra Pradesh) - Impact of Cross-Examination and Suppressed Evidence
Witnesses' admissions during cross-examination about photographs or their origin do not automatically validate the photographs unless they meet legal standards. Suppression or lack of proper identification procedures impacts their admissibility. (Sources: Vadivelu VS State by Inspector of Police - Madras, RAJINDER KUMAR VS STATE OF DELHI - Delhi)
Analysis and Conclusion
Photographs are valuable evidentiary tools in criminal proceedings, especially for identification purposes. However, their admissibility hinges on proper procedures, authenticity, and supporting expert testimony. Photographs cannot be relied upon solely based on their existence or the fact they were admitted in cross-examination; they must meet legal standards of proof, including proper preservation, verification, and contextual relevance. Courts emphasize that photographs, especially those used to establish facts like handwriting or identity, must be properly proven and cannot be introduced solely based on their existence or the fact they were shown during cross-examination. Therefore, photographs cannot be referred to or relied upon in admitted cross unless they satisfy stringent legal criteria for authenticity and proper procedural adherence.
Search Results for "Photographs Cannot Refer in Admitted Cross"
2011 0 Supreme(Mad) 1892 • India - Madras
S.NAGAMUTHU
The explanation offered by her that she was under constant fear for these accused cannot be believed at all. ... 12. At this juncture, I may refer to the photographs which were taken at the time marriage. ... The learned Senior Counsel has pointed out that during cross examination, she has further admitted that in the bus towards Dindivanam, there were several persons travelling. ... For this purpose, the learned counsel has more specifically pointed out that during cross examination, ....
1967 0 Supreme(Bom) 141 • India - Bombay
M.HIDAYATULLAH, C.A.VAIDIALINGAM
The expression 'criminal proceedings' in the exclusionary clause of section 5 of the Indian Oaths Act cannot be used to widen the ... The expression 'criminal proceedings' in the exclusionary clause of section 5 of the Indian Oaths Act cannot be used to widen the ... Section 342, Code of Criminal Procedure - Section 132, Indian Evidence Act - Interpretation - Identification of accused - Showing of photographs ... But evidence of photographs to prove writing or handwriting can only be received if the original ca....
1967 0 Supreme(SC) 367 • India - Supreme Court
C.A.VAIDIALINGAM, M.HIDAYATULLAH
But evidence of photographs to prove writing or handwriting can only be received if the original cannot be obtained and the photographic reproduction is faithful and not fake or false. ... In our opinion this submission cannot be accepted. Apart from the fact that this was not argued in the High Court and the handwriting was admitted there, the law as propounded is not sound. The originals were suppressed by the appellants after they were returned. ... The photograph was seen by the jury but the Judge r....
2003 0 Supreme(AP) 75 • India - Andhra Pradesh
V.V.S.RAO
B. 5 was examined – He stated that he examined fingerprints and is admitted signatures and compared thumb impression with that found ... the naked eye it appears that thumb impression is merged and it is not possible as rightly deposed by PW2 for comparison with the admitted ... W. 1 in her evidence never made any whisper that photographs are fabricated and therefore Exs. B. 1 to b. 4 cannot be disputed. D. W. 6 Purohit has deposed that data homam was performed and merely because photograph of data homa....
2013 0 Supreme(Pat) 907 • India - Patna
MUNGESHWAR SAHOO
Evidence without proper pleading cannot be considered. ... [MAIN LEGAL POINT] The court has the jurisdiction to compare disputed writings and photographs, and to rely on expert reports from ... [RATIO DECIDENDI] The court has jurisdiction to compare disputed writings and photographs, and to rely on expert reports from other ... She also admitted that it is not clear as to whether the photographs sent to her are the left thumb impression or right thumb impression. She has also admitted ....
2014 0 Supreme(AP) 883 • India - Andhra Pradesh
R.SUBHASH REDDY, A.SHANKAR NARAYANA
It is his submission that determination of mesne profits at Rs.75,000/- per month cannot be faulted as agreed rent in the year 2011 itself was Rs.60,000/- per month, which can be gathered from the proved facts. ... Though, the defendant filed colour photocopies of the photographs in the material papers, but, in our opinion, they do not deserve any consideration as they do not constitute documentary evidence for not getting them exhibited before the Court below. ... counsel for the defendant contends that the commencement of lease was from 01-12-2010 but no....
1982 0 Supreme(Del) 240 • India - Delhi
AVADH BEHARI ROHATGI
It is admitted that there was no test identification parade in his case. ... Rattan Lal cannot be held guilty of receiving stolen property. ... It is in evidence that some photographs of bad characters wers shown by the police to the two women in this case. Whose photographs were shown we do not know ? These photographs have not been produced nor preserved. ... It is admitted that there was no test identification parade in his case. It was incumbent on the prosecution to prove the appe....
2006 0 Supreme(Raj) 1749 • India - Rajasthan
PRAKASH TATIA
DW-1, in his cross-examination at page 5 stated that he never saw the board "Hind Tailor" on the shop in dispute twice, still he did not state that photographs which has been admitted and became part of the evidence are not photographs taken of the building in dispute by pointing out that Exhibits 35 ... There cannot be two photographs from one camera, one coloured photograph and another black and white photograph. Even if there were two separate cam....
• India - Crimes
K.G.BALAKRISHNAN, A.R.LAKSHMANAN
Under Section 30 of the Evidence Act, the extra-judicial confession made by a co-accused could be admitted in evidence only as a ... against these accused persons, the extra-judicial confession allegedly made by the ninth accused loses its significance and there cannot ... substantive evidence against accused persons, extra judicial confession allegedly made by co-accused loses its significance—There cannot ... that he has not thought it necessary to take the photographs. ... It was argued that micro-photograph....
2005 1 Supreme 372 • India - Supreme Court
K.G.BALAKRISHNAN, A.R.LAKSHMANAN
30 of the Evidence Act, the extra-judicial confession made by a co-accused could be admitted ... against these accused persons, the extra-judicial confession allegedly made by the ninth accused loses its significance and there cannot ... substantive evidence against accused persons, extra judicial confession allegedly made by co-accused loses its significance—There cannot ... that he has not thought it necessary to take the photographs. ... It was argued that micro-photographs were not produced and mere....
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