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state's evidence

Matched in: Term state's evidence

Confession

in regard thereto, an order of conviction can be founded on such evidence, State of Punjab v. Gurdeep Singh, (1999) 7 SCC 714: AIR 1999 … Confession, a statement in order to amount to a 'confession' must either admit in terms the offence, or at any rate … Confession, a statement in order to amount to a 'confession' must either admit in terms the offence, or at any rate

Evidence

Matched in: Term Evidence

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Reasonable doubt

of reluctance to convict; it means a real doubt, a doubt founded upon reasons, K. Gopal Reddy v. State of Andhra Pradesh, AIR 1979 SC 387 (391): (1979) 2 SCR 363: (1979) 1 SCC 355. The doubt … substantial one and a 'well founded actual doubt arising out of the evidence existing after consideration of all the evidenced. 'Hence a mere whim or … Reasonable doubt, does not mean some light, airy, insubstantial doubt that may fit through the minds of any of us about almost anything at

Presumption

rebutted by 'proof' and not by a bare explanation which is merely plausible, Ram Kishan Bedu Rane v. State of Maharashtra, AIR 1973 SC 246: (1973) 1 SCC 366. Presumption is an inference of a certain fact … of any point, on a presumption that cannot be overcome by contrary evidence; thus, that a child under seven is incapable of committing a felony … Presumption, a supposition, opinion, or belief pre-viously formed, Wood's Inst. 599. Presumptions have been said to be either: (1) juris et

Accomplice

associate or partner in crime. An accomplice by becoming an approver becomes a prosecution witness, M. Shamsudhin v. State of Kerala, (1999) 3 SCC 351 (357): 1995 SCC (Cri) 509. (Evidence Act, 1872, s. 133) A person

Proved

supposition that it exists. This definition of 'proved' does not draw any distinction between circumstantial and other evidence, State of Maharashtra v. Mohd. Yakub, AIR 1980 SC 1111: (1980) 3 SCC 57: (1980) 2 SCR 1158. A … difference between the general rules of evidence in civil and criminal cases, and the definition of 'proved' in s. 3 of the Evidence Act does not draw a distinction between civil and criminal cases. Nor does this

Fabricating false evidence

Matched in: Term Fabricating false evidence

Judgment

Court is concerned is a 'judgment' within the meaning of s. 494 of the Criminal Procedure Code, 1898, State of Bihar v. Ram Naresh Pandey, AIR 1957 SC 389: (1957) SCR 279. (S. 494 of Cr PC, … 'judgment' means the expression of the opinion of the court arrived at after a due consideration of the evidence and all the arguments, Ramautar Thakur v. State of Bihar, AIR 1957 Pat 33 (35). (Criminal PC, 1898,

Cause of action

of obtaining relief claimed in the suit. For the aforementioned purpose, the material facts are required to be stated but not the evidence except in certain cases where the pleading relied on any misrepresentation, fraud, breach of … facts which are required to be pleaded and proved for the purpose of obtaining relief claimed in the suit. For the aforementioned purpose, the material facts are required to be stated but not the evidence except in

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