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...counsel has also stated that as provided under section 293 cr. P. C. The reports of certain government scientific experts, when pressed into service, the author of such documents need not be examined by the...contemplated under section 293 cr. P. C. And that apart there is no provision in the fertiliser control order, 1985 which makes the document admissible in evidence without proving the same in evidence...quality controller can be accepted as evidence without the author being examined by the prosecution to prove the document. The provisions under section 293 cr. P. C. Has been examined by me. This...
...Section 293, Cr. P. C. Sub-section (4) of Section 293, Cr. P. C. enumerates the 'experts' to which Section 293, applies. It reads as follows :...V. D. Gyani, J.-
This is an appeal from Jail. The appellant stands convicted under Section 8/15 of the Narcotic Drugs and Psychotropic Substances Act...). This section applies to the following Government Scientific experts, namely :
(a) any Chemical Examiner or Assistant Chemical Examiner to Government;
(b) the Chief...
...State Forensic Science Laboratory, Jaipur, on the ground that he could not be said to be a Chemist within the meaning of Section 293 Cr. P.C Lastly, it has been urged that...discarding the expert evidence of Director, State Forensic Science Laboratory, Jaipur. Sub-section (4) of Sec. 293 Cr. P.C provides that this section shall apply to scientific...State Forensic Science Laboratory. The trial court discarded the experts evidence, which has been tendered under subclause (e) of sub-section (4) of Section 293 Cr. P.C...
...Alkaloid Works, Neemuch, was not admissible under Section 293 of the Cr. P.C. and he has not been examined, therefore, it has not been proved that the sample was opium. Shri Verma..., it was admissible under Section 293, Cr. P.C. without formal proof. At the time of exhibition of this report Ex. P.10 no objection was raised by the Counsel for the accused...samples were found opium by qualitative and quantitative analysis. Shri Joshi argued that Ex. P.10 report was not admissible in evidence under Section 293 of the Cr. P.C. He...
...did not examine handwriting expert to prove Ext. PW-19.A. Section 293, Cr. P.C permits use of some reports in evidence but report of handwriting expert is not included in...Section 293, Cr. P.C In other words, handwriting expert opinion is required to be proved in accordance with law. In the present case, handwriting expert report has not been...challan was filed against them.4. The prosecution examined 22 witnesses. The statements under Section 313, Cr. P.C were recorded. The learned Judicial...
...autopsy. At this stage we wish to make an useful reference to Section 293, Cr. P.C which contemplates that any document purporting to be a report under the hand of a...inquiry, trial or other proceeding. Sub-section (4) of Section 293 classifies the reports of the Scientific Experts. Post-mortem report is not one of those documents which falls under ...filed against the appellants.4. The appellants, on being questioned under Section 313, Cr. P.C on the incriminating circumstances appearing against them...
...Forensic Science Laboratory as contemplated by Section 293 of the Code of Criminal Procedure. Therefore, the said statement not being under the hand of a scientific expert mentioned in Su...their testimony. Finally he submits that the so called report of the CFSL Ex. PW-9.D is not admissible in evidence under Section 293 of the Code of Criminal Procedure as the...Mr. Anil Dev Singh, J.— This is an appeal directed against the judgment and order of learned Addl. Sessions Judge dated March 6, 1990, whereby the appellant was convicted under section 20...
...loss to find as to why the prosecution did not examine the doctor who conducted autopsy and issued certificate. Though Sub-section (4) of Section 293, Cr. P.C. contemplates...reference to Section 293, Cr. P.C. which contemplates that any document purporting to be a report under the hand of a Government Scientific Expert to whom the Section.... Sub-section (4) of Section 293 classifies the reports of the Scientific Experts. Post-mortem report is not one of those documents which falls under subsection (4) of ...
...:—“An accused person of course has a right to set up defence in terms of section 293 Cr. P.C What would be the nature of defence can again be a matter of sheer guess. In...
...entire finding passed on the alleged finger print report is a finding based on no evidence. Both the courts below misconstrued the Section 293(iv)(g), Cr. P.C (wrongly mentioned...the two courts below, is finger print report. It is true that the said report was never tendered in evidence nor any exhibit mark has been put on this report. Section 293, Cr. P.C...says that any document purporting to be a report under the hand of Government scientific expert to whom Section 293 applies, given after examination or analysis by him in the course of any proceeding under the Code of Criminal Proce...
...testimony. It may be mentioned that phrase ‘used in evidence’ has been used in sub-section (1) of Section 293 Cr. P.C with respect to the reports of Government scientific experts...mentioned in sub-section (4) of Section 293 Criminal P.C and the phrase ‘read in evidence’ has been used in sub-section (1) of Section 296 Cr. P.C...prosecution which has been admitted to be genuine by the accused, be read as substantive evidence under Section 294(3) Cr. P.C?”2. Section 294 Cr. P.C runs as...
...Section 293, Cr. P.C No mention about the report was to be found in the testimony of either A.S.I Shri Ashok Dwivedi P.W 3 or Constable Shri Bheesham Singh Netam P.W 6. During examination...Section 293, Cr. P.C, the evidence of A.S.I Ashok Dwivedi (P.W 3) it could not form the basis for convicting the accused under Section 20(b)(i) of the Act. It was further argued that sinc...Section 293 of Cr. P.C There is also absolutely nothing in the testimony of A.S.I Shri Ashok Dwivedi P.W 3 which would show that he had any reason to believe that the substance...
...handwriting expert is not included in the list of documents which can be accepted as valid evidence without examining the author as per the scheme of Section 293 Cr. P.C...M.L Mehta, J.:— This is a criminal revision petition under Section 397/401 Cr. P.C read with Section 482 Cr. P.C assailing the order dated 15.02.2011 passed by...him gave rise to some suspicion, but not grave suspicion against the accused, he will be fully justified to discharge the accused, and in exercising jurisdiction under section 227 Cr...
...293 sub-section 2 Cr. P.C to call the public analyst to examine him as a witness but the application has been rejected by the impugned /order saying that the public analyst can not be allowed...293 sub-section 2.of Cr. P.C provides that if the court think fit it can summon and examine any such expert with respect to the subject matter of his report. Therefore, when application is...filed under section 293 sub-section 2 Cr. P.C then the court should apply its mind on the facts and circumstances of the case and on the basis of the chemical analyst report...
...Section 293 sub-section (2) Cr. P.C to call the public analyst to examine him as a witness but the application has been rejected by the impugned order saying that the Public analyst canno.... Section 293 sub-section (2) of Cr. P.C provides that if the court thinks fit it can summon and examine any such expert with respect to the subject matter of his report. Therefore, when ...is filed under Section 293 sub-section (2) Cr. P.C when the court should apply its mind on the facts and circumstances of the case and on the basis of the chemical analyst...
...the accused persons under section 313, Cr. P.C an application was filed under section 293, Cr. P.C read with section 311 of the Code for summo...the petition filed by the petitioners under section 293 of the Code of Criminal Procedure to summon the Chemical Examiner for examination and cross-examination...evidence was not maintainable.5. Shri S.P Mishra, the learned Counsel appearing for the petitioners submitted that under section 293 of the Code of Criminal...
...section 293 Cr. P.C. What would be the nature of defence can again be a matter of sheer guess. In any case one could visualise that petitioner would adduce all such evidence so as to prove his...appropriate stage only in terms of section 293 Cr. P.C. To insist for re-analysis of the seized sample at this stage when only charge-sheet has been filed, would neither be...framing of charge having regard to mandate of sections 227, 228, 239 and 240 Cr. P.C. The document sought to be brought by the defence at the stage of summoning to get the...
...of the petition filed by the prosecution under Section 293 Cr. P.C. was allowed by the learned court. The said criminal revision was also dismissed by this Court vide judgment dated 17.02.2023...petitioner under Section 311 Cr. P.C. for re-examination of the I.O., was rejected and the learned court has passed the order for cancellation of bail of the petitioner.4...has been averred that 15 chargesheeted witnesses were examined. The petitioner filed a petition under Section 311 Cr. P.C. for recall of P.W.3, P.W.4, P.W.6, P.W.7 and P.W.8 and the...
...not examined and it is only in the evidence of the Investigating Officer that his opinion came to be marked. Section 293 Cr. P.C provides for report of certain Government...Scientific Experts to be used as evidence without formal proof and Handwriting Expert does not fall in the category of the Experts contemplated therein. Section 294 Cr. P.C...as required under Section 294 Cr. P.C, such opinion cannot be led in evidence without proof by examining the Handwriting Expert. What follows is that as the prosecution...
...whom it purports to be signed;
Provided that the court may, in its discretion, require such signature to be proved.
Section 293 Cr. PC. envisages that the report of...summon and examine the expert and the procedure as to reception of the report as evidence is in conformity with Section 293 Cr. P.C. The post-mortem report is taken as...bombs. Ex.P16 is the post-mortem report and it has been marked under Section 294 Cr. P.C. as the doctor who conducted the post-mortem was laid up in hospital. In inquest...