Thursday, 13 September 2018

Whether court can deliver judgment in one case on basis of evidence recorded in another case?

 In Sessions Case No. 58/98 against A-16 and A-17, no evidence was recorded independently. On the other hand, the evidence recorded in Sessions Case No. 118/1992 was marked as evidence in Sessions Case No. 58/1998. The Indian Evidence Act, 1872 does not permit such a mode of proof of any fact barring in exceptional situations contemplated in Section 33 of the Indian Evidence Act.

41. There is no material on record to warrant the procedure adopted by the Sessions Court. On that single ground, the entire trial of Sessions Case No. 58/98 is vitiated and is not in accordance with procedures established by law.
IN THE SUPREME COURT OF INDIA

Criminal Appeal Nos. 1525 and 1526-1527 of 2009

Decided On: 16.05.2018

 Vinubhai Ranchhodbhai Patel Vs. Rajivbhai Dudabhai Patel and Ors.

Hon'ble Judges/Coram:
Jasti Chelameswar and Sanjay Kishan Kaul, JJ.

Citation:(2018) 7 SCC 743


Read full judgment here: Click here
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