Cbi vs . Rakesh Kumar Jain on 7 September, 2015
"16. Reliance is heavily placed on behalf of the
appellant on the case of Ramji Dayawala & Sons (P)
Ltd., (supra). The legal position is not in dispute that
RC 06/86 CBI Vs. Rakesh Kumar Jain Page 28 of 42
mere production and marking of a documents as
exhibit by the court cannot be held to be a due proof
of its contents. Its execution has to be proved by
admissible evidence that is by the 'evidence of those
persons who can vouchsafe for the truth of the facts
in issue.' The situation is, however, different where
the documents are produced, they are admitted by
the opposite party, signatures on them are also
admitted and they are marked thereafter as exhibits
by the court. We find no force in the argument
advanced on behalf of the appellant that as the mark
of exhibits has been put on the back portions of the
rent receipts near the place where the admitted
signatures of the plaintiff appear, the rent receipts as
a whole cannot be treated to have been exhibited as
an admitted documents."