Court : Rajasthan
Reported in : 1968WLN275
..... we think, on making all due allowances for the effect on memory of the lapse of time, the prosecution story is, in all main respects, true and reliable, as revealed by this witness.6. ..... (as he then was), delivering the main judgment, has pointed out that where the dying declaration recorded at the police station, was a complete statement against the accused having stabbed the deceased and there was nothing to show that. .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2008(1)Raj594
..... while the test identification was conducted on 22.2.2001 which is a period almost within a month and the period elapsed between the incident and test identification was not inordinately long which could diminish their memory which is evident from the straight forward unwaivering manner the accused appellants were identified at the test identification as well as in the court. ..... in other works, the main object of holding an identification parade, during the investigation stage is to test the memory of the witnesses based upon first impression and also to enable the prosecution to decide whether all or any of them could be cited as eye witnesses of the crime. ..... the purpose of test identification parade is to test the observation, grasp, memory, capacity to recapitulate what he has seen earlier, strength or trustworthiness of the evidence of the identification of an accused and to ascertain if it can be used as reliable corroborative evidence of the witness identifying the accused at this trial in court. ..... the prosecution case is mainly based on the testimony of the witnesses to the occurrence and their capacity of observation, grasp and to memorise as to what they had seen earlier so as to establish the identity of the culprits who were stranger to them and this .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2004(3)Raj1704; 2004(1)WLC560
..... in other words, the object of holding an identification parade during the investigation stage, is to test the memory of the witnesses based upon first impression and also to enable the prosecution to decide whether all or any of them could be cited as eye witnesses of the crime. ..... the object behind holding test identification parade is simply to test the memory of the witnesses who claim themselves to have seen the offender at the time of committing offence and to enable the prosecution to decide whether all or any of them could be cited as eye witnesses of the incident.17. ..... (ii) the main object of holding identification parade during investigation stage is to test the memory of the witnesses based upon first impression and also the enable the prosecution to decide whether all or any of them could be cited as eye witnesses of the incident, and(iii) where evidence is cogent, consistent and ..... for this purpose, learned judge has rightly observed to the effect that physical features of the accused must have been embedded in the memory of jaswant kaur. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2006CriLJ1657; RLW2006(2)Raj1297; 2006(2)WLC330
..... holding an identification parade, during the investigation stage, is to test the memory of the witnesses based upon first impression and also to enable the prosecution to decide whether all or any of them could be cited as eye witnesses of the crime. ..... (ii) the main object of holding an identification parade during the investigation stage is to test the memory of the witnesses based upon first impression and also to enable the prosecution to decide whether all or any of them could be cited as eye witnesses of the crime. ..... the other words, the main object of . .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2004(2)Raj783; 2003(4)WLC364
..... in other words, the main object of holding an identification parade, during the investigation stage, is to test the memory of the witnesses based upon first impression and also to enable the prosecution to decide whether all or any of them could be cited as eye witnesses of the crime. ..... (ii) the main object of holding an identification parade during the investigation stage is to test the memory of the witnesses based upon first impression and also to enable the prosecution to decide whether all or any of them could be cited as eye witnesses of the crime. .....
Tag this Judgment!Court : Rajasthan
Reported in : I(1985)ACC342; AIR1984Raj144
..... although, no permanent disability appears to have been caused to him on account of the accident, yet there is no doubt that yaswanraj remained unconscious or semiconscious for about two weeks and nervousness and loss of memory might have been caused for some time on account of the head injury as claimed by yaswantrai. ..... no medical evidence has been produced on the record by the claimant yashwantrai to show that any injury was caused to his brain or that his brain or memory was adversely affected as a result of the accident. ..... he also stated that his memory has become weak on account of the head injury suffered by him as a result of the accident. ..... the claimant himself stated that he re-mained as an indoor patient in the hospital for about two weeks and even thereafter he was unable to attend to his business and had to take regular treatment for a period of three months. ..... as the motor-cycle of yeswant raj was going on the main road towards sojati gate, truck no. ..... he also stated that the truck over ran the motor cycle although the claimant and ghewarchand lay unconscious at some distance on the main road.7. .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2003(2)Raj1048; 2002(3)WLC408; 2003(1)WLN207
..... these discrepancies are due to normal errors of observation, normal errors of memory due to lapse of time, due to mental disposition such as shock and horror at the time of occurrence and the like. ..... 12) that ramjilal meena submitted written report to him at the central jail although against the version of ramji lal meena but this inconsistency may be on account of natural error of memory due to lapse of time. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1973(6)WLN934
..... the sessions judge why rama did not make any disclosure earlier that he did although he was in continuous interrogation between 16-11-1971 to 21-1-1972; that no sensible man would have buried the ornaments so close to the main road and inhabitated place and a furlong away from the police post and therfore, he concluded that the alleged recovery at the instance of the accused was not free from doubt and the witnesses ..... from his above statement and the details that he is a man with good memory who could remember so many dates and numbers and places in sequence. ..... facial recognition of a human being is dependent on the particular quality of memory. ..... the main gate of the 'mandir' opens on the west abutting the road. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1971CriLJ1656; 1971(4)WLN241
..... an expert, who is called as a witness may refresh his memory by reference to the professional treatises or to any other document made by himself during the relevant time, so, a medical man in giving evidence may refresh his memory by referring to his report, which he has made of the post-mortem examination. ..... it was submitted soon after the occurrence when the informant's memory was' fresh and it was also unlikely that he had had opportunities for fabrication. ..... sections 159 to 161 of the evidence act permit only limited use' being made of the post-mortem report,, namely, that it can be used by the witness who prepared it for the purpose of refreshing his memory or by the opposite party for the purpose of contradicting the witness. ..... it is usually placed in the hands of the medical jurist, who refreshes his memory from its contents when giving his testimony. ..... it can only be used by the medical man who conducted the post-mortem examination as an aid to his memory while giving evidence. ..... . in this connection counsel's main submission was that there is lack of motive .....
Tag this Judgment!Court : Rajasthan
Reported in : 1994CriLJ3742
..... they have only forgotten the name of accused sriram and when poonaram disclosed this fact to them that the 5th man was accused sriram, they recollected it in their memory and it was got mentioned in the fir that the 5th man was accused sriram.20. .....
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