Evi Final Pro

8/2/2019 Evi Final Pro

1/20

1

ACKNOWLEDGEMENT

As a child, you acknowledged everything you accomplished, as you grow older and moresophisticated, you acknowledge only major accomplishments but an endeavor of this

magnitude would not have been possible without the invaluable help and support of Mr.

Pushpender Pendey, I express a deep sense of gratitude to him.

But I still fail to understand the scarcity of this page to put in the efforts of all those

people who helped me and guided me through this small part of the paper that I have

completed.

Anything that I do in my life is incomplete without the blessings of my God who are

my parents only.

ABHYODAYA SHARMA


2/20

2

LIST OF ABBREVIATIONS

AIR : .........All India Reporter

All : .Allahabad

All ER : ...........................All England Reporter

Bom : ..Bombay

Cal : ...Calcutta

Cri LJ : ..Criminal Law Journal

CrPC : ..Code of Criminal Procedure

TI. Parade: ..Test of Identification Parade

Kant. : ....Karnataka

M.P. : ...Madhya Pradesh

Mad : ..Madras

Pg. : ...Page

Pun : .Punjab

Raj : ....Rajasthan

SC : .....Supreme Court

SCC : ...Supreme Court Cases

Sec. : .....Section

UOI : ....Union of India

v. : ..Verses


3/20

3

Table of contents

Research methodology ........................................................................4

Introduction.........................................................................................5

Meaning of fact relevant fact and evidence..........................6

Meaning of proof.......................................................................7

Meaning of proved , disproved, not proved...........................10

Concept of proved

Meaning ....................................................................................12

Provision ...................................................................................12

Case laws...................................................................................13

Concept of disproved

Meaning .................................................................................14

Provision .................................................................................14

Case laws....................................................................................15

Concept on not proved

Meaning .....................................................................................17

Provision ....................................................................................17

Case laws.....................................................................................18

Conclusion .............................................................................................19

Bibliography......................................................................................... 20


4/20

4

RESEARCH METHODOLOGY

Aims and Objectives:

The aim of the project is to present a detailed study of the PROOF OF

IDENTIFICATION PARADE through cases, decisions and suggestions and different

writings and articles. The aim has been to identify the different aspects of T.I. Parade.

Scope and Limitations:

Though the proof of identification parade is an immense project and pages can be

written over the topic but because of certain restrictions and limitations we were not able to

deal with the topic in great detail. The six point on which especial emphasis has been given in

this research are:

Why Identification Parade Conditions for Identification Parade Evidentiary Value of Identification Parade Manner of Identification Parade Who can hold Identification Parade

Guidelines for Identification ParadeSources of Data:

The following secondary sources of data have been used in the project-

1. Cases2. Books3. Websites

Method of Writing:

The method of writing followed in the course of this research paper is primarily

analytical.

Mode of Citation:

The researchers have followed a uniform mode of citation throughout the course of this

research paper.


5/20

5

Introduction

Law of evidence the law is used in different sense. Law of evidence is

the most important branch of adjectival law it is to legal practice what all is to

legal reasoning. Without it there would be no limitation of what is important to

the case and what is not of that much impotance. It is by this law that the judges

separate what is important from mass of the cases.

The Indian evidence act has

codified the rule of English law of evidence which such modification at felt

necessary. The objective of the codification is that, on any point specifically delt

with by an act, the law should be ascertained by interpreting its langvage.

Instead of it , as before, roaming over a vast number to discover what the

authority actually is.

The main objective of Indian evidence act was to prevent laxity in

the admissibility of evidence, and to introduce efficient and correct rule. Themain principle which underline the law of evidence are:

(1)Evidence must be codified to the matter in issue.(2)Hearsay evidence must not be admissible(3)The best evidence must be given in all cases.In Zaria Abdulla V state of Gujarat

1

The supreme court held that the principle of fair trial

mainefest itself in virtually every aspect of our practice,

and procedure, including the law of evidence

.according to WHARTON the main function of rule of evidence is to narrow

down the matter which comes before the court to the fact elated to those matter

12004 4 SCC 158


6/20

6

which has a logically probative value in determining the guilt or the innocence

of the accused . and prevent giving judgement on irrelevant conclusion or

prejudice, and as an aid to the administratin of justice.2

Meaning of fact, relevant fact and

evidence

Facts

As defined in section

Fact" means and includes -

1. Anything, state of things, or relation of things, capable of being perceived by

the senses;

2. Any mental condition of which any person is conscious.

Illustration

(a) That there are certain objects arranged in a certain order in a certain place,

is a fact.

(b) That a man heard or saw something, is a fact.

(c) That a man said certain words, is a fact.

(d) That a man holds a certain opinion, has a certain intention, acts in good

faith or fraudulently, or uses a particular word in a particular sense, or is or

was at a specified time conscious of a particular sensation, is a fact.

2Wharton on evidence volume 1 page 9,10


7/20

7

The definition given in this section refer to two kinds of namely physical fact

and pshylogical fact. They can de proved by either direct or indirect evidence.

Physical evidence are those which have their seat in any animate thing.

According to stephens fact is somthing which is opposed to theories,

sometimes to openion or sometimes to feelingsbut all these modes in using it is

rhetorical.3

the definition does not restrict itself to a fact to something which

can be exhibited as a material object.4 But also all the things which comes in

the ddefination are not inporant in every case. There are specific thich which

can be used as the evidence in the trial of the case or in deciding any issue. The

evidence which are deemed to be helpful to decide a particular case are regarded

as relevant facts.

Relevant facts-

Relevant in this section is defined in the act in two meaning (a) as connected;

(b) as admissible. Firstly, it should have some connection with the issue.

Secondly such fact must be admissibility.that in first place it is logical and in

second place it is legal.

5

The evidence that is relevant in a proceeding isevidence that, if it were accepted, could rationally affect (directly or indirectly)

the essesment of the probability of the existence of a fact or any fact in issue in

the proceeding.6

3See Stephen on evidence 10 edition pg 13

4

Emperor V ramanuja AIR 1935 mad 5285Lala lakshmi chand V sayed haider shah 1899 4 CWN 82

6R V blastland 1986 AC 41


8/20

8

Evidence is relevant if it is logically prohibit or dis prohibit some matter which

require proof.7

Relevant evidence is prima facie admissible unless excluded for

some other reason where as irrelevant evidence is not admissible8

Fact in issue

The expression "facts in issue" means and includes-any fact

from which, either by itself or in connection with other fact, the

existence, non-existence, nature or extent of any right, liability

or disability, asserted or denied in any suit or proceeding,

necessarily follows.

The facts which can be proved in the judicial enqury are facts in issue and

relevant facts in issue. Fact in issue , which are sometime called principal facts,

are those necessary by law to establish the claim, liability or defence, formingthe subject matter of the proceeding and which are in dispute between the

parties.9

The fact in issue in some case are even regarded as ultimate facts and

evidence are required to prove these facts.10

7Peter murry: a practical approach to evidence 1985 second evidence pg 10

8

Steven uglos evidence; text & material 1997 pg 179Phipson on evidence 15 edition 2000 pg 205

10Peter murry: a practical approach to evidence 1985 second


9/20

9

Evidence-

"Evidence" means and includes -

(1) All statements which the Court permits or requires to be made before

it by witnesses, in relation to matters of fact under inquiry; such statements are

called oral evidence.

(2) All documents produced for the inspection of the Court; such

documents are called documentary evidence.

The word evidence include in popular means that by which fact are established

to the satisfaction of the person enquiring into it. Any specific fact or set of fact,

employed for the purposeof interfering there from the existence of a fact, is said

to be evidence of that fact.11

Evidence may be defined any material which tends

to persuade the court of truthor probability of some fact asserted to it.

12

thedefinition of the term evidence include the evidence of witness and

documentary evidence. The definition of evidence is considered to be

incomplete as it does not include the whole material on which the decision of a

judge may rest.

11Peter murrhy & Beaumonts evidence

12Peter murry: a practical approach to evidence 1985 second evidence


10/20

10

Meaning of proof-

Proof , which is the effect led, by the provision of section 3 of Indian evidence

act. The effect of evidence has to be distinguished from the burdon of showingto the court what conclusion it should reach. This duty is called onous probandi

, which is placed on one of the parties. With accordance of the appropriate

provision of law applicable to various situation. The effect of evidence led is a

matter of infrance or a conclusion arrived by the court.13

The proof seems properly to mean anything which serves imideately to

convinece the mind of the truth or falsehood of a fact are generally our senses.

Abslute certainity is seldom to have in human affairs. Hence proof does not

mean rigid mathematical demonsitration because that is impossible it mean such

evidence as would include a reasonable mind to come to a conclusion.14

In M Narisinga V state of Andhra Pradesh15

It has been held that the word proof is not to be understood in the sence it hasbeen defined in Indian evidence act because evidence of proof of the fact

depends upon the degree of the probability of its having existed.

Fletcher multon lj in Hawkins V powel tiller steam coal company ltd.16

said

proof does not mean proof to the rigid mathematical demonstration because that

is impossible, it must mean such evidence such evidence as would induce a

reasonable man to come to come to a particular solution.

13Narayan govind gvate V state of Maharashtra. 1977 1 scc 133

14

Hawikens v powel 1911 1 kb 988 99515AIR 2001 Sc 318

161911 1 kb 988 995


11/20

11

Meaning of proved , disproved, not

proved

Proved" - A fact is said to be proved when, after considering the matters before

it, the Court either believes it to exist, or considers its existence so probable that

a prudent man ought under the circumstances of the particular case, to act upon

the supposition that it exists.

Disproved" - A fact is said to be disproved when, after considering the matters

before it, the Court either believes that it does not exist or considers its non-

existence so probable that a prudent man ought, under the circumstances of the

particular case, to act upon the supposition that it does not exist.

"Not proved" - A fact is said not to be proved when it is neither proved nor

disproved.

This clause indicate certainity which which is required to treat a fact as proved,

and its so warded as to provide for two condition of mind first, that in which a

man feels absolutely certain of a fact. In other words belives it to exist. And,

secondly , that in which though he may not feel absolutely certain of a fact, he

feel it is so extermly probable, that a prudent man would, under the

circumstances, act upon the assumption of its existence.17

what is important is

material on which the court can reasonable can act for reaching the supposition

that a certain fact exist.proof of a certain fact depends upon the degree of

probability of its having existed. The proof of fact doesnot depend upon its

existance

17E v Ram dutt 143 IC 129,


12/20

12

Concept of proved

Provision

Proved"

A fact is said to be proved when, after considering the matters before it, the

Court either believes it to exist, or considers its existence so probable that a

prudent man ought under the circumstances of the particular case, to act upon

the supposition that it exists.

Meaning

This clause indicate certainty which is required to treat a fact as proved, and its

so warded as to provide for two condition of mind first, that in which a man

feels absolutely certain of a fact. In other words believes it to exist. And,

secondly, that in which though he may not feel absolutely certain of a fact, he

feel it is so extremely probable, that a prudent man would, under the

circumstances, act upon the assumption of its existence.18what is important is

material on which the court can reasonable can act for reaching the supposition

that a certain fact exist.proof of a certain fact depends upon the degree of

probability of its having existed. The proof of fact doesnot depend upon its

accuracy but on probability of its existence.19

18E v Ram dutt 143 IC 129,

19Anam swain V state 1954 ori 33


13/20

13

Provednot proved

perfect proof is seldom to be had in this imperfect world and abslutly certain in

the myth. That is why under section 3 a fact is said to be proved if the court

considering the matter before it consider its existence so probable that a prudent

man ought, under the circumstances of the particular caseto act upon the

supposition that it exist.20

Section 3 of the evidence act provides that a fact is said to be proved if the court

belives in the existence of the fact.a fact is said to be disproved when after

considering the matter the court belives itdoesnot exist, or its existence so

highly improbable to a prudent man. A fact to not proved when its neither

proved nor disproved.21

20Rama nand V state of himachal Pradesh 1981 CAR 75

21R puthunainar V PH Pandian 1996 3 scc 624


14/20

14

Case laws

Maharashtra State Board of secondary and higher secondary education

V KS Gandhi22

..... inference from the evidence and circumstances must

be carefully distinguished from conjectures or speculation. The

mind is prone to take pleasure to adapt circumstances to one

another and even in straining them a little to force them to form

parts of one connected to whole. There must be evidence direct or

circumstantial to deduce necessary inference in proof of the fact in

issue. There can be no inference unless there is objective factfrom

which to infer other fact. In some cases the other facts can be

inferred, as much as practical, as if they had been actually

observed. In other cases the inference donot go beyond reasonable

probability. If there are no positive proved facts from which the

inference can be made.

221991 2 scc 716


15/20

15

Concept of disproved

Provision

Disproved"

A fact is said to be disproved when, after considering the matters before

it, the Court either believes that it does not exist or considers its non-existence

so probable that a prudent man ought, under the circumstances of the

particular case, to act upon the supposition that it does not exist.

Meaning

according to section 3 a fact is said to be disproved when after examination of

the matter before it the court either disbelieve that the fact exist or either

consider the existence of that fact highly improbable that even a man of

ordinary prudence would act upon the supposition in similar circumstance that it

does not exist. It only means that such evidence as would induce a reasonable

man to come to a conclusion that the fact does not exist.

The definition of the expression disproved is converse of the term proved. Here

one more thing to be kept in mind that as the statement or fact is disproved

hence the benefit of doubt is given to accused.23

23Orsu vanket rao V state of andhra Pradesh AIR 2004 sc 77


16/20

16

Concept on not proved

Provision

"Not proved"

A fact is said not to be proved when it is neither proved nor disproved.

Meaning

It indicates a state of mind between two state of minds that is proved and

disproved. When one is unable to decide how a matter stands. It neglect both

disproved and proved.24

a fact ay be orally admitted in court. The evidence do

not come within the definition of word evidences given in this act, but still it is

a matter which the court before whom the admission was made would have to

take into consideration in order to determine whether a particular fact is proved

or not.25

24E V safi ahmad 1929 31 bom lr 515

25Per miter j joy V bundhoolal 1882 9 c 363


17/20

17

Case laws

Naval kishor Somani V poonam somani26

..... a fact which is not proved doesnot mean it is a false

one. Section 3 of evidence act gives definition of various words

and expression. The expression proved is followed by the

definition of disproved. A fact is said to be not proved when it is

nither not proved nor disproved. This is followed by the definition

by the definition of disproved. A fact is said to be not proved when

it is nither proved nor disproved. On the other hand a fact is said to

be disproved when after considering matter before it the court

either believes it does not exist or consider its non existence so

probable that a prudent man ought under circumstances of a

particular case to act upon the, supposition that it does. The

disproved is said to false thing. It will does be seen that a fact not

proved is not necessarly a thing disproved. A fact which which is

not proved may be true or false. A doubt lingers about its truth.

For disproving a fact burden is always on a person who alleges

that the fact is not true.

26AIR 1999 AP 1


18/20

18

Proof beyond doubt

A person cannot be convicted of an offence which is not established by

the evidential standards of proof beyond reasonable doubt. Though this

standard is a higher standard there is however no standard. To constitute

a reasonable doubt it must be free from emotional responce. Doubt must

be actual and substantial as to the guilt of the accused. Doubt must not be

based only on common sense and belief. There is an unmistakeable

subjective element in the evaluation of the degree of probability and the

quantum of proof.27

27Krishna V state AIR 2003 SC 2958


19/20

19

Conclusion

Though the evidence of fact and proof of fact is not synonymous. The term

proof is often confounded with the term evidence and applied to denote the

medium of proof, whereas in strictness in marks merely the effect of evidence.

The definition proved doesnot enable the court to take into consideration

matters, including statements, the use of which is statutorily barred. The

criminal proceeding no doubt require high standard of proof. It is equally true

that on hypothetical grounds and surmise prosecution evidence of a sterling

character should not be brushed aside and disbelieved to give undue benefit of

benefit of doubt to the accused.


20/20

20

BIBLIOGRAPHY

BOOKS

Avatar Singh; Principles and Law of Evidence, Ed. 16, 2007, Central Law Publication. Vepa P. Sarathi; Law of Evidence, Ed. 6, 2006, Eastern Book Company. Batuk Lal; Law of Evidence, Ed. 17, 2007, Central Law Agency. Sarkar Law of Evidence; Vol.-I, Ed. 16, 2007, Wadhwa & Wadhwa, Nagpur. Y.V. Chandrachud, V.R. Manohar; Ratan Lal & Dhiraj Lal The Law of Evidence, Ed. 22, 2007,

Wadhwa & Wadhwa, Nagpur.

S.V. Joga Rao; Sir John Woodroff & Syed Amir Alis Law of Evidence, Ed. 17, Vol -I, 2006, LexisNexis, Butterworths.

DICTIONARYUSED

Y.V. Chandrachud, P. Ramanatha Aiyar Concise Law Dictionary, Ed. 3, 2006, Wadhwa Nagpur.INTERNETDATABASE

ManupatraINTERNET SEARCHENGINE

GoogleJOURNALS

Criminal Law Journal. Indian Law Institute Annual Reports. Halsburys Laws of England. All India Reporter Supreme Court Cases

STATUTES

Indian Evidence Act, 1872.

Evi Final Pro

Documents

Transcript of Evi Final Pro