114 Evidence Act- Adverse Inference Can Be Drawn Against Party Who Does Not Appear In Person To Depose: Supreme Court
Live LawThe Supreme Court has observed that adverse inference can be drawn against a party who does not appear in person to depose.The bench comprising Justices RF Nariman, Navin Sinha and Krishna Murari observed thus while allowing appeal against the concurrent findings by the Trial Court and the High court dismissing a suit filed by plaintiff seeking the relief for permanent. The Supreme Court has observed that adverse inference can be drawn against a party who does not appear in person to depose. The bench comprising Justices RF Nariman, Navin Sinha and Krishna Murari observed thus while allowing appeal against the concurrent findings by the Trial Court and the High court dismissing a suit filed by plaintiff seeking the relief for permanent injunction. The court also referred to judgment in Lakhi Baruah vs. Padma Kanta Kalita, 8 SCC 357, which dealt with the admissibility in evidence of thirty years old documents produced from proper custody.
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If prosecution suppresses the genesis and origin of occurrence of crime, accused are entitled to get benefit of doubt: SC [Read Judgment]
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