Supreme Court Half Yearly Digest 2023- Law Of Evidence
Live LawAdmission Any concession or admission of a fact by a defence counsel would definitely be binding on his client, except the concession on the point of law. Indrajit Das v. State of Tripura, 2023 LiveLaw 152 : AIR 2023 SC 1239 : 2023 INSC 175 Golden principles with regard to conviction in a case which rests entirely on circumstantial evidence - It is necessary for the prosecution that the circumstances from which the conclusion of the guilt is to be drawn should be fully established - The accused ‘must be’ and not merely ‘may be’ guilty before a court can convict the accused - There is not only a grammatical but a legal distinction between ‘may be proved’ and “must be or should be proved" - The facts so established should be consistent only with the guilt of the accused, that is to say, they should not be explainable on any other hypothesis except that the accused is guilty - The circumstances should be such that they exclude every possible hypothesis except the one to be proved - There must be a chain of evidence so complete as not to leave any reasonable ground for the conclusion consistent with the innocence of the accused and must show that in all human probabilities the act must have been done by the accused. Balu Sudam Khalde v. State of Maharashtra, 2023 LiveLaw 279 : AIR 2023 SC 1736 : 2023 INSC 314 Section 9 - Facts necessary to explain or introduce relevant facts Evidence Act, 1872; Section 9 - Test Identification Parade - The entire necessity for holding an investigation parade can arise only when the accused are not previously known to the witnesses. Dinesh Kumar v. State of Haryana, 2023 LiveLaw 395 : AIR 2023 SC 2795 : 2023 INSC 493 Evidence Act, 1872; Section 106 - It is true that the burden to prove the guilt of the accused is always on the prosecution, however in view of Section 106 of the Evidence Act, when any fact is within the knowledge of any person, the burden of proving that fact is upon him. Ram Gopal Mansharam v. State of Madhya Pradesh, 2023 LiveLaw 120 : AIR 2023 SC 1145 : 5 SCC 534 : 2 SCR 402 : 2023 INSC 133 Evidence Act, 1872; Section 106 - It is, of course, the duty of prosecution to lead the primary evidence of proving its case beyond reasonable doubt but, when necessary evidence had indeed been led, the corresponding burden was heavy on the accused in terms of Section 106 of the Evidence Act to explain as to what had happened at the time of incident and as to how the death of the deceased occurred.