AI Overview...
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Resisted or Objected by Prosecution - In some cases, the prosecution initially objected to evidence such as FIRs but later sought to produce them, despite witnesses narrating incidents not corroborated by other evidence or witnesses. This indicates a cautious approach to evidence admission, emphasizing the importance of corroboration and consistency in establishing facts MORLIBHAI NARANBHAI SINDHI @ MURLI vs STATE OF GUJARAT - Gujarat, BABUBHAI @ BABU BAJARANGI S/O RAJABHAI PATEL vs STATE OF GUJARAT - Gujarat, DR. MAYABEN SURENDRABHAI KODNANI vs S.I.T - Gujarat, BIPINBHAI @ BIPIN AUTOWALA S/O UMEDRAI PANCHAL vs STATE OF GUJARAT - Gujarat, STATE OF GUJARAT vs MORLIBHAI NARANBHAI SINDHI ALIAS MURLI - Gujarat, NARESH AGARSINH CHHARA @ NARIYO vs STATE OF GUJARAT - Gujarat.
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Uncontested Aspects - Certain vital aspects of the case, such as the participation of accused and the use of weapons (lathi and ballam), are well supported by the defense and are not disputed by either side. These undisputed facts strengthen the case's core elements, such as motive and participation DHARAMPAL VS STATE OF U. P. - Allahabad.
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Legal Considerations - Courts have emphasized that material which undermines the prosecution's case or is inconsistent with it should be carefully scrutinized. Private communications with witnesses or uncorroborated incidents narrated by witnesses are viewed with suspicion, and the law requires that evidence be corroborated and consistent to be credible Sanjeev Nanda VS State - Delhi.
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Judicial Approach - Courts tend to reject evidence or testimonies that are not corroborated, especially when witnesses narrate incidents not supported by other evidence. The propriety of admitting evidence like FIRs depends on whether they are corroborated and relevant, and courts are cautious about private communications that cannot be verified MORLIBHAI NARANBHAI SINDHI @ MURLI vs STATE OF GUJARAT - Gujarat, Sanjeev Nanda VS State - Delhi.
Analysis and Conclusion:
The sources collectively indicate that courts scrutinize evidence carefully, especially when witnesses or FIRs are introduced without corroboration. The fact that the prosecution initially objects to certain evidence but later seeks to admit it suggests a strategic approach, but courts remain vigilant to ensure that only reliable, corroborated evidence influences the verdict. The main point is that neither side's resistance or objection alone determines credibility; instead, the court assesses whether the evidence is supported by other facts and whether it contradicts or undermines the prosecution's case. This aligns with the principle that a witness or evidence that neither resists nor objects, but is uncorroborated, may have limited weight in establishing guilt.
Search Results for "Pw1 Neither Resisted nor Objected which Contradicted the Prosecution s Claim of Force Case Law"
2012 0 Supreme(All) 2381 • India - Allahabad
VINOD PRASAD, SURENDRA KUMAR
story is well supported by defence of accused itself—Motive established—Prosecution sides sustained much graver injuries—Appellants ... crime—Defence admitted their participation in occurrence—Both sides admitted use of lathi and ballam in assault—On all these aspects prosecution ... From such an exercise, what is evident is that some vital aspects of the case are un-controverted and undisputed as neither prosecution nor defence are at variance with each other on those issues. ... It is neithe....
• India - Delhi High Court
other circumstances of the case as set up by the prosecution. ... As per him, it is a case where prosecution totally failed to prove its case, the trial judge failed to appreciate facts in the right perspective, misapplied law, indulged in self research to give strength to the prosecution theory, assumed ... It needs to be mentioned here that this theory of the reversal of car was introduced by this court witness alone for the first time in his deposition....
• India - Delhi High Court
other circumstances of the case as set up by the prosecution. ... As per him, it is a case where prosecution totally failed to prove its case, the trial judge failed to appreciate facts in the right perspective, misapplied law, indulged in self research to give strength to the prosecution theory, assumed ... It needs to be mentioned here that this theory of the reversal of car was introduced by this court witness alone for the first time in his deposition....
2009 0 Supreme(Del) 772 • India - Delhi
KAILASH GAMBHIR
In deciding what material might undermine the prosecution case, the prosecution should pay particular attention to material that has potential to weaken the prosecution case or is inconsistent with it. ... It is the grossest contempt of Court when a judge conducting the criminal trial speaks in private to the prosecution witness and what privately he would have said was neither known to the prosecution nor to the accused, the counsel contended. ... As per him, it is a....
• India - Gujarat
Thus, the prosecution, though it has initially objected to exhibiting the first information report in the case of PW1 has thereafter sought to produce the other first information reports on record. ... has not objected to such question being asked. ... It was submitted that this witness narrates incidents which are neither stated by any witness nor is there any corroboration from any corner of the prosecution case. ... Makwana have specifically denie....
• India - Gujarat
has not objected to such question being asked. ... Thus, the prosecution, though it has initially objected to exhibiting the first information report in the case of PW1 has thereafter sought to produce the other first information reports on record. 58.4 The witness is cross examined as regards the topography of the area. ... It was submitted that this witness narrates incidents which are neither stated by any witness nor is there any corroboration from any corner of the prose....
• India - Gujarat High Court
Thus, the prosecution, though it has initially objected to exhibiting the first information report in the case of PW1 has thereafter sought to produce the other first information reports on record. ... has not objected to such question being asked. ... It was submitted that this witness narrates incidents which are neither stated by any witness nor is there any corroboration from any corner of the prosecution case. ... Makwana have specifically denie....
• India - Gujarat High Court
Thus, the prosecution, though it has initially objected to exhibiting the first information report in the case of PW1 has thereafter sought to produce the other first information reports on record. ... has not objected to such question being asked. ... It was submitted that this witness narrates incidents which are neither stated by any witness nor is there any corroboration from any corner of the prosecution case. ... Makwana have specifically denie....
• India - Gujarat
has not objected to such question being asked. ... Thus, the prosecution, though it has initially objected to exhibiting the first information report in the case of PW1 has thereafter sought to produce the other first information reports on record. 58.4 The witness is cross examined as regards the topography of the area. ... It was submitted that this witness narrates incidents which are neither stated by any witness nor is there any corroboration from any corner of the prose....
• India - Gujarat
has not objected to such question being asked. ... Thus, the prosecution, though it has initially objected to exhibiting the first information report in the case of PW1 has thereafter sought to produce the other first information reports on record. 58.4 The witness is cross examined as regards the topography of the area. ... It was submitted that this witness narrates incidents which are neither stated by any witness nor is there any corroboration from any corner of the prose....
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