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Arvind Kumar @ Raj Singhania vs The State Of Bihar on 19 October, 2022

61. This Court further finds substance in the submission of learned Senior Counsel for the appellant and Ms. Surya Nilambari , learned Amicus Curiae that the principle of marking a document as exhibit does not dispense with the requirement of its proof. The date of birth as recorded in Exhibit '8' had to be proved by the witness. This exercise was not taken up and despite the objections raised by the defence, the same was allowed to be exhibited, though with objection but the said objection has not at Patna High Court D. REF. No.3 of 2021 dt.19-10-2022 40/48 all been considered by the learned trial court in the impugned judgment. Exhibit '8' was not tendered by any witness, therefore in view of the Hon'ble Division Bench judgment in the case of Durgawati Devi (supra) it would not have been relied upon.
Patna High Court Cites 51 - Cited by 0 - R R Prasad - Full Document

Abhishek Kumar vs The State Of Bihar on 19 October, 2022

61. This Court further finds substance in the submission of learned Senior Counsel for the appellant and Ms. Surya Nilambari , learned Amicus Curiae that the principle of marking a document as exhibit does not dispense with the requirement of its proof. The date of birth as recorded in Exhibit '8' had to be proved by the witness. This exercise was not taken up and despite the objections raised by the defence, the same was allowed to be exhibited, though with objection but the said objection has not at Patna High Court D. REF. No.3 of 2021 dt.19-10-2022 40/48 all been considered by the learned trial court in the impugned judgment. Exhibit '8' was not tendered by any witness, therefore in view of the Hon'ble Division Bench judgment in the case of Durgawati Devi (supra) it would not have been relied upon.
Patna High Court Cites 51 - Cited by 0 - R R Prasad - Full Document

The State Of Bihar vs Arvind Kumar @ Raj Singhania on 19 October, 2022

61. This Court further finds substance in the submission of learned Senior Counsel for the appellant and Ms. Surya Nilambari , learned Amicus Curiae that the principle of marking a document as exhibit does not dispense with the requirement of its proof. The date of birth as recorded in Exhibit '8' had to be proved by the witness. This exercise was not taken up and despite the objections raised by the defence, the same was allowed to be exhibited, though with objection but the said objection has not at Patna High Court D. REF. No.3 of 2021 dt.19-10-2022 40/48 all been considered by the learned trial court in the impugned judgment. Exhibit '8' was not tendered by any witness, therefore in view of the Hon'ble Division Bench judgment in the case of Durgawati Devi (supra) it would not have been relied upon.
Patna High Court Cites 51 - Cited by 0 - R R Prasad - Full Document

Ravi Raj Sharma @ Dhyani Sharma @ Dhyani vs The State Of Bihar on 5 March, 2025

In the case of Durgawati (supra), a Division Bench of this Court having found that FSL report was not supplied to the appellants and the signatories of the FSL did not turn up and the appellants were not confronted with the contents of the FSL, in their examination under Section 313 CrPC, took a view that no reliance can be placed on the FSL report which was taken into evidence by the learned trial court without being tendered by any witness.
Patna High Court Cites 29 - Cited by 0 - R R Prasad - Full Document

Aatish Kumar @ Atish Kumar Sharma @ Atish ... vs The State Of Bihar on 5 March, 2025

In the case of Durgawati (supra), a Division Bench of this Court having found that FSL report was not supplied to the appellants and the signatories of the FSL did not turn up and the appellants were not confronted with the contents of the FSL, in their examination under Section 313 CrPC, took a view that no reliance can be placed on the FSL report which was taken into evidence by the learned trial court without being tendered by any witness.
Patna High Court Cites 29 - Cited by 0 - R R Prasad - Full Document

Sonu @ Tarjan @ Saddam Hussain vs The State Of Bihar on 5 March, 2025

In the case of Durgawati (supra), a Division Bench of this Court having found that FSL report was not supplied to the appellants and the signatories of the FSL did not turn up and the appellants were not confronted with the contents of the FSL, in their examination under Section 313 CrPC, took a view that no reliance can be placed on the FSL report which was taken into evidence by the learned trial court without being tendered by any witness.
Patna High Court Cites 29 - Cited by 0 - R R Prasad - Full Document
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