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Showing posts with label eye witnesses. Show all posts
Showing posts with label eye witnesses. Show all posts
Saturday, 18 April 2026

When Eyes Speak and Science Checks: Ocular vs Medical Evidence in Criminal Trials

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 In criminal trials, courts often face a recurring question: what should prevail when eyewitness testimony conflicts with medical evidence? ...
Sunday, 18 May 2025

Bombay HC: How to appreciate evidence of eye witness of accident in motor accident claim petition when said witness was relative of claimant?

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Second witness of the claimant is Balasaheb Bongane CW-3. He states that he was proceeding on his motorcycle and witnessed the offending jee...

Bombay HC: Whether motor accident claim tribunal should rely on evidence of witness who is declared hostile in criminal court relating to same accident?

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Mr. Choudhary, submits that evidence of eye witness is absolutely unreliable. They are got up witnesses. Perusal of evidence of CW 2 Santosh...
Monday, 14 April 2025

Supreme Court: Chargesheet Sufficient To Prove Negligence, Eyewitness Testimony Not Mandatory in motor accident claim petition

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It is settled in law that once a charge  sheet has been filed and the driver has been  held negligent, no further evidence is required  to p...
Tuesday, 31 December 2024

Supreme Court: Whether Motor accident claim tribunal can disbelieve evidence of a eye witness on the ground that police has not recorded his statement?

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The courts below have recorded the finding of non-involvement of the car in the accident by disbelieving the eyewitness, PW-6 only on the gr...
Sunday, 27 February 2022

Should the court disbelieve the evidence of eye witness if he did Not Intervene When the accused attacked the Deceased?

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Even otherwise, we do not find the present one to be a case of manifest illegality so as to call for interference. The evidence of PW-1, bei...
Saturday, 11 April 2020

Supreme Court judgment on appreciation of evidence of eye witness

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While appreciating the evidence of a witness, the approach must be to assess whether the evidence of a witness read as a whole appears to ...
Friday, 27 December 2019

Leading Supreme court judgment on appreciation of medical evidence and ocular evidence

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Coming to the plea that the medical evidence is at variance with ocular evidence, it has to be noted that it would be erroneous to accord ...
Friday, 2 March 2018

Guidelines of supreme court on examination of eye witnesses

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 We are also of the view that it is necessary in the interest of justice that the eye-witnesses are examined by the prosecution at the ear...
Monday, 25 December 2017

Whether testimony of eye witnesses can be disbelieved on basis of site plan?

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Next, it has been contended by the learned Counsel for the Respondents that the  site plan belies the prosecution claim in view of the heig...
Sunday, 30 April 2017

Whether evidence of eye witnesses can be disbelieved on ground of discrepancy with site plan?

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Next, it has been contended by the learned counsel for the respondents that the site plan belies the prosecution claim in view of the hei...
Saturday, 8 April 2017

Whether evidence on eye witness can be rejected on ground of minor inconsistency?

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The next part of the episode is giving a fatal blow to deceased Firoz Nimbargi. Evidence of Dr. Rajendra Parmar (PW8) and report of pos...
Sunday, 13 November 2016

How to appreciate evidence if one eye witness did not see other witness during occurence of incident?

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When we analyse the statements of PW1 and PW65, they are not contradictory to each other, rather they are complementary to each other. ...
Tuesday, 17 May 2016

Whether prosecution case can be disbelieved on the ground that independent witness is not examined?

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 As far as the non-examination of any other independent witness is concerned, there is no doubt that the prosecution has not been able to...
Tuesday, 5 May 2015

Whether it is mandatory for prosecution to examine all eye witnesses?

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We are also not impressed by the arguments of the learned counsel appearing for the appellants when he contended that one eye- witness, Ka...
Sunday, 17 August 2014

Whether testimony of eye witness identification expert is admissible in evidence?

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 Principles proposed by psychologists in the field of eyewitness recognition:   – exposure time  (the amount of time available for view...