AI Overview...
Section 3 Evidence Act Blind Witness Evidentiary Value
Main Points and Insights
-
Competency of Witnesses: Under Section 118 of the Evidence Act, a prosecutrix (victim) is a competent witness in cases involving sexual offences, emphasizing the importance of her testimony RANJANBEN MAHESHBHAI VASAVA VS STATE OF GUJARAT - Gujarat.
-
Witness Credibility and Corroboration: The evidentiary value of witness testimony, including statements recorded under Sections 161 and 164 of the CrPC, depends on credibility and corroboration. Statements under Section 161 are not substantive evidence but can support other evidence Ranjanben Maheshbhai Vasava VS State Of Gujarat - Gujarat, S. B. Industries VS Eastern Infratech - Gauhati.
-
Blind Witness and Identification: Key witnesses can identify accused and link actions to the crime, such as recovery of stolen items and victim’s body, which can establish guilt. However, recovery evidence alone may lack sanctity unless supported by other evidence, such as Section 27 of the Evidence Act SHIBU SINGH, C.NO.5563 Vs STATE OF KERALA - Kerala.
-
Evidentiary Value of Confessions and Dying Declarations: Confessional statements recorded in the presence of police are generally inadmissible unless exceptions under the Evidence Act apply. Dying declarations can form the basis of conviction if voluntary, free from suspicion, and corroborated by independent evidence Shanti Devi VS State of Haryana - Supreme Court, Nizam Uddin Seikh vs The State of Assam - Gauhati.
-
Legal Principles on Evidence and Proof: The court requires substantial and corroborative evidence to connect accused with the crime. Lack of such evidence leads to acquittal, highlighting the importance of reliable witness testimony GAURI SHANKAR GIRI VS STATE OF C. G. - Chhattisgarh.
-
Evidence in Civil and Criminal Proceedings: Affidavits and documentary evidence must be confined to facts known to the deponent and properly disclosed. The court can order evidence recording in other forms when necessary F. D. C. Limited VS Federation of Medical Representatives Association India & others - Bombay.
Analysis and Conclusion
-
Role of Blind Witnesses: Witnesses, including blind or visually impaired witnesses, can provide crucial evidence, especially in identification and recovery cases. Their testimony’s credibility hinges on consistency, corroboration, and the circumstances of their identification.
-
Evidentiary Limitations: Statements made under police custody or confessions require careful scrutiny due to legal restrictions under the Evidence Act. The admissibility of such evidence depends on adherence to statutory provisions and the presence of corroborative facts.
-
Corroboration Is Key: The courts emphasize corroborative evidence to substantiate witness testimonies, particularly for sensitive cases like sexual offences or where recovery evidence is involved.
-
Legal Safeguards: The law ensures that evidence, especially from vulnerable witnesses or in cases of confessions, is scrutinized to prevent miscarriage of justice, maintaining the integrity of the evidentiary process.
References: - Evidence Act, Sections 118, 161, 27, and 138. - CrPC Sections 137, 138, 372, 373. - Relevant case law and judicial pronouncements cited in the sources.
Search Results for "Section 3 Evidence Act Blind Witness Evidenciary Value"
2025 6 Supreme 549 • India - Supreme Court
MANOJ MISRA, SANDEEP MEHTA
evidence, except to the extent as provided under Section 27 of Evidence Act and that too, when such disclosure leads to discovery ... (Paras 11, 19, 21, 24, 30, 32, 35, 36, 37 and 38) EVIDENCE ACT , 187216[Hereinafter, referred to as “ EVIDENCE ACT ”.]. ... Law is well-settled that confessional statement of an accused recorded in presence of a police officer cannot be admitted in evidence, except to the extent as provided under #HL....
2021 0 Supreme(Gau) 468 • India - Gauhati
ROBIN PHUKAN
Act. - Section 138 - Evidence Act - Section 137 and 138 - Constitution of India,1950 - Article 21 - Dishonored if Cheque - Protection ... Criminal Procedure Code, 1973 - Section 482, 397/401 - N.I. ... court shall summon and examine or recall and re-examine any such person if his evidence appears to it to be essential to just decision ... A right to cross-examine a witness, apart from being a natural right is a statutory right. Section#HL_E....
2019 0 Supreme(Guj) 127 • India - Gujarat
J.B.PARDIWALA, A.C.RAO
of the accused from Section 376 to Section 511 - Appeal allowed. ... of Children from Sexual Offences Act, 2012 - Sections 4 and 6 - Criminal case - It is the case of the prosecution that while the ... Code of Criminal Procedure, 1973 - Section 372 - Indian Penal Code, 1860 - Sections 376 and 506 (1) - Protection ... Indisputably, a prosecutrix is a competent witness (vide section 118 of the Evidence Act). She is n....
2019 0 Supreme(Guj) 304 • India - Gujarat
J.B.PARDIWALA, A.C.RAO
proceed with him under Section 3 or Section 4 – ... Code of Criminal Procedure, 1973 – Section 372 – Appeals – Protection of Children from Sexual Offences Act ... under Section 3 or Section 4, shall call for a report from the probation officer and consider such report, if any, and any other ... Indisputably, a prosecutrix is a competent witness (vide section 118 of the Evidence Act#HL_E....
• India - Gauhati High Court - Principal Seat at Guwahati
Mir Alfaz Ali, Manish Choudhury, JJ
... ... (B) Standard for evidentiary value: A dying declaration can form the basis of conviction if it is found to be voluntary and ... , emphasizing that they must be free from suspicion and corroborated by independent evidence (Paras 19, Section 302 IPC.
2025 Supreme(Online)(MP) 4734 • India - High Court of Madhya Pradesh
G. S. AHLUWALIA, J
(Paras 11, 12) ... ... (B) Evidence Act, 1872 - Sections 58 and 17 - Court examined whether execution ... (A) Code of Civil Procedure, 1908 - Section 100 - Second appeal filed challenging lower appellate court's decree - Plaintiff claimed ... sale deed alleged as forged - Defendant contended legitimate purchase and possession - Lower court's finding considered misread of evidence ... The statement of a witness recorded under Section 161 Cr.P.C is not a substantive p....
• India - Crimes
SHREE CHANDRASHEKHAR, RATNAKER BHENGRA
Section 394 read with Section 120-B and 201 – Kidnapping, murder, robbery and conspiracy – Disappearance of evidence – It is permissible ... (A) Indian Penal Code, 1860 – Section 364 read with section 120-B, Section 302 read with Section 120-B, ... value – Evidence produced by prosecution to prove that deceased died a homicidal death is not supported by any other corroborative ... The other evidence sought to be pr....
2003 0 Supreme(Bom) 111 • India - Bombay
R.M.S.KHANDEPARKAR
value - In the matter of affidavits, no differentiation has been made between appealable and non-appealable cases. ... Code of Civil Procedure, 1908 - Order XVIII, rule 4 and Order XIX, rule 3 - Party filing affidavit cannot seek adjournment on the ... must confine his affidavit to the facts known to him and must disclose source thereof, without which then same would not have any evidentiary ... The Court is not helpless to order the recording of evidence in any other form, even when situation demands or warrants. There ....
2008 Supreme(Online)(KER) 9251 • India - High Court of Kerala
K.BALAKRISHNAN NAIR, M.C.HARI RANI, JJ
Key witness identified the accused and their actions leading to the recovery of stolen items and the victim's body. ... witness testimony sufficiently established their guilt, while allowing the appeal of the third accused due to inconsistencies in ... , recovery of body and property, while acquitting one due to lack of evidence. ... Therefore, the recovery does not have any sanctity of a recovery under Section 27 of the Evidence Act. The 3rd accused is found guilty based on the follow....
2011 0 Supreme(Chh) 348 • India - Chhattisgarh
T.P.SHARMA, R.N.CHANDRAKAR
The defense argued the lack of substantial evidence and the illegality of the conviction. ... The court concluded that there was no substantial evidence to connect the appellants with the crime. ... The court emphasizes the legal principles related to confessions and the requirement for corroboration of evidence. ... In para 4 of his evidence, this witness has further deposed that he has informed Balkrishna Choudhary (PW-2) after 5-6 days of incident. ... In absence of any other evidence#HL_EN....
Filter by Legal Phrase
