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.