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Subodh Yadav vs The State Of Bihar on 23 February, 2024

Subodh Yadav vs The State Of Bihar on 23 February, 2024
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Patna , Bihar , India , Surat , Gujarat , Supaul , Hasanpur , Delhi , Dahari , Himachal-pradesh , State-of-andhra-pradesh , Andhra-pradesh

"Recovery Evidence" Under Section 27 Of The Evidence Act- Questions & Answers By Justice V Ramkumar [Part-XI]

Q.51 The culprit husband who is subsequently made an accused voluntarily goes to the police station soon after committing brutal murder of his wife and tells the Sub Inspector who is the SHO...

Himachal-pradesh , India , Andhra , Andhra-pradesh , Kerala , Union-territory-of-pondicherry , Pondicherry , State-of-karnataka , Karnataka , Chhattisgarh , State-of-kerala , State-of-rajasthan

Witness Not Discredited By Mere Contradictions In Statements, Social Background & Overall Circumstances Must Be Considered: Supreme Court

The Supreme Court recently observed that a witness will not stand totally discredited merely because the testimony given during the trial contradicted the earlier statement given to the police. "No...

Rajasthan , India , State-of-rajasthan , Justice-sudhanshu-dhulia , Sanjay-kishan-kaul , Birbal-nath , Rajasthan-high-court , Supreme-court , Sessions-court , High-court , Evidence-act , Justices-sanjay-kishan-kaul

Omissions Proof Significance In Criminal Trial

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(2)
This leads to two situations.
The first one speaks about a "CONTRA – DICTION" For proving that there should be a former diction ( statement to the police ) that is 'contra' to the present diction ( evidence before the court)
As far as 'Omissions' are concerned, there will not be a previous 'diction' which is 'contra' to the present 'diction'. Hence there may not be a statement for the cross examiner to point out from the statement to the police officer to show that it is contra to the diction made in Court.
The question was mooted before the 6 member constitutional bench of the Supreme Court in Tahsildar Singh v. State of U.P

United-states , America , Bharat-singh , Supreme-court , Tahsildar-singh , Evidence-act , ஒன்றுபட்டது-மாநிலங்களில் , அமெரிக்கா , பாரத்-சிங் , உச்ச-நீதிமன்றம் , தஹசில்தார்-சிங் , ஆதாரம்-நாடகம்