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...being frightened, presumably to make it admissible in evidence as conduct of the appellant under Section 8, Evidence Act. ...at all under Section 8, Evidence Act. If these alleged statements are to be regarded as confessions then they will be...hit by Section 25, Evidence Act. for they were made to Pande, the Police Officer, who was there. If they are sought...
...the conduct of the accused, and that therefore it is admissible under Section 8, Evidence Act. It is clear from the...and that Section 27, Evidence Act, does not apply. I am unable to accept the contention urged by the learned government pleader that this ...Sections 24 and 27, Evidence Act, which deal with confessions and Section 8, for with reference to Section 27 we find the following words:
The section ...
...section 8 Evidence Act. The motive for commission of the crime and the relationship of the accused with the deceased do not amount ...whether the case falls under Exception I to section 300 particularly when there is no direct evidence disclosing as to how the attack took place. It has been so held by the Supreme Court in Murli v...1. Appellant Sukka has been convicted under section 302, Indian Penal Code for committing murder of his wife Bhagwatibai.
2. On 3-6-1985 at...
...admissible in evidence under Section 8 of the Evidence Act, 1872.(8) Extra-judicial confession made before PW 11, Rakesh Kumar Kanojia, who was the P.... Sarita having not been examined, we do not intend to place any reliance on her statement. We also do not accept the contention of Mr D.P Singh that her statement is admissible under Section 8 of the Evidence Act....was not known, cannot be said to be admissible in terms of Section 8 of the Evidence Act.18. The learned trial Judge relied upon Section 6 of the Evidence ...
...relevant as evidence of conduct under Section 8, Evidence Act. Under that section statements accompanying or...go in as part of the conduct under the provisions of Section 8, Evidence Act. So far as the evidence of conduct as...relevant under Section 27 but also to that under Section 8, Evidence Act.
10. Upon this state of the...
...“evidence” in Section 3 of the Evidence Act, 1872 read with the definition of “electronic record” in Section 2(1)(t) of the Information Technology Act, 2000, includes a compact disc containing an ...further held that a contemporaneous electronic recording of a relevant conversation is a relevant fact comparable to a photograph of a relevant incident and is admissible as evidence under Section 8 of the Act. The...recorded on 27-10-2008 between 8 a.m to 9.45 a.m and the conversation with Eswaramoorthy was recorded on 31-10-2008 between 7 to 9.50 p.m; and that it was therefore necessary to reopen the evidence and...
...Act.16. It is further submitted that the recovery as alleged is not proved. Time of recovery is not mentioned in the memo of recovery. It has further argued that provision of Sections 8 and 106...Act when burden lies upon the accused. First we will discuss the law on the point of applicability of Section 8 of the Evidence Act.20. Section 8 of the ..., which is admissible under Section 8 of the Evidence Act, if such conduct is influenced by any fact in issue or...
...person against whom an offence is alleged, which is admissible under Section 8 of the Evidence Act, if such conduct is influenced by any fact in issue or relevant fact and the statement made to a Police...been used in the commission of the offence were found hidden, would be admissible as conduct, under Section 8 of the Evidence Act, irrespective of whether any statement by the accused contemporaneously...rejected as it was contradicted by their earlier statements. Such use of the statements is permissible under Section 155 of the Evidence Act and the proviso to Section 162(1) of the Code of Criminal...
...sense, must come from an independent source, but this law is of no assistance, as in India S, 157, Evidence Act is a provision to the contrary. The learned Public Prosecutor referred to ...illustration are of no help. The learned Public Prosecutor next relied upon Section 157, Evidence Act which runs as...Section 157, Evidence Act. This matter came in for important observations in Benchu v. The King. A. I. R. (38) 1949 Cal. 613...
...drain from where the knife is said to have been discovered, would reflect on his conduct, which is a relevant fact under Section 8 of the Evidence Act.
33. In such... the drain is a relevant fact under Section 8 of the Evidence Act. In other words, the evidence of the circumstance simpliciter that the appellan...Officer the place where he threw away the weapon of offence i.e., knife would be admissible as 'conduct' under Section 8 irrespective of the fact whether the statement made by the accused contemporaneously with or antecedent to such...
...was nearby the place indicated in the demand for payment of the ransom amount.9. By virtue of Section 8 of the Evidence Act, the conduct of the accused person is relevant...Act, still it is relevant under Section 8. The evidence of the investigating officer and PWs 1, 2, 7 and PW 4 the spot mahazar witness that the accused had taken them to the spot and pointed out the...place where the dead body was buried, is an admissible piece of evidence under Section 8 as the conduct of the accused. Presence of A-1 and A-2 at a place where ransom demand was to be fulfilled and their action of fleeing ...
...relevant under Section 8 Evidence Act. Further like a photograph of a relevant incident, a contemporaneous tape...recording of a relevant conversation is a relevant fact under Section 7 of the Evidence Act. Relying on Dial...8 of the Evidence Act. It is res gestae.29. It was said that the admissibility of the tape recorded evidence offended Arts. 20(3) and 21 of the Constitution. The submission was...
...report as such is not substantive evidence. It may be used to corroborate the informant under Section 157 of the Evidence Act or to contradict him under Section 145 of the Act, if the informant is...Evidence Act, 1872. On behalf of the respondent, it is contended that Section 25 protects only those portions of the statement which disclose the killings by the appellant and the rest of the statement is...not protected by Section 25.9. Section 25 of the Evidence Act is one of the provisions of law dealing with confessions made by an accused. The law relating to confessions is...
...sentence imposed on the respondent by the Additional Sessions Judge, Barmer for offence punishable under Section 8 read with Section 17 of the NDPS Act.2. We have perused the evidence of PW...Order1. The High Court after considering the evidence led by the prosecution came to the conclusion that the prosecution has failed to establish that the sample opium...who seized the opium in question, as also the evidence of PW 9 who was the officer in charge of the malkhana and from their evidence, we find that it is not possible to hold that the seal allegedly...
...thereof is a piece of evidence to prove motive for committing the offence of murder. Such evidence would be relevant and admissible under Section 8 of the Evidence Act. The deceased informed these...spoke about the motive, was excluded on applying Section 32 of the Evidence Act. It is difficult to appreciate this line of reasoning. Section 32(1) of the Evidence Act, 1872 is wide enough to inc...of the Evidence Act. The learned Judges, therefore, have wrongly excluded the relevant and admissible evidence as being inadmissible under Section 32 and omitted to consider applicability of Section...
...is not only a relevant fact under Section 8 of Evidence Act as res gestae but a most important circumstance against the appellant. The indifferent and hard-hearted conduct are also important...K. Ramaswamy, J.— This appeal is under Section 2 of Supreme Court Enlargement of Criminal Jurisdiction Act, 1970. The appellant along with his parents, sister, maternal uncle...3. The prosecution placed reliance on the evidence of PW 4 and PW 5 to prove motive for the crime. PW 6, the Compounder and PW 8, tea-stall owner, PW 9, maid servant of PW 5 to prove the conduct...
...circumstantial evidence only, motive is a relevant fact and can be taken into consideration under Section 8 of the Evidence Act, 1872 but where the chain of other circumstances establishes beyond reasonabl...bad habit. Section 8 of the Evidence Act, 1872, however, provides that the conduct of any person an offence against whom is the subject of any proceeding, is relevant, if such conduct influences or...committed. It must form part of the evidence as regards his conduct either preceding, during or after commission of the offence as envisaged under Section 8 of the Evidence Act.”...
...in order. He further contended that even in the statements of the accused such of those versions made by them which did not in any way implicate them in the offence were admissible under Section 8 of the Evidence ...evidence under Section 8 and not hit by Section 25 of the Evidence Act.(v) When there were no independent witnesses present at the place of occurrenc....49. As against the said submission, Mr Ratnakar Dash, learned Senior Counsel appearing for the State rightly pointed out that Section 25 of the Evidence Act can be pressed into service only i...
...Illustration (j) to section 8 of the Evidence Act which is in these terms:
"The question is whether A was ravished. The facts that, shortly after the alleged rape, she...be formally recorded or whether it can be inferred from the circumstances in which the deposition was taken. The proviso quoted above must be read along with section 118 of the Evidence Act and...be found in section 157 of the Evidence Act which lays down the law for India.
Section 157 states that---
"In order to...
...Section 8, Evidence Act, as explanatory of conduct. In Qeen-Empress v. Sami (1890) 13 Mad 426, the circumstances w...regards the confession said to have been made to the Sub-Magistrate, it is true that Section 26 Evidence Act provides...Section 27, Evidence Act. They are inadmissible Under Section 26 for the same reason as his earlier confession is inadmissible. As ...