Ayaaubkhan Noorkhan Pathan vs State Of Maharashtra & Ors on 8 November, 2012
In this
regard we may observe that in the case of Ayaaubkhan Noorkhan Pathan vs. State of
Maharashtra and Ors., reported in (2013) 4 SCC 465, the Supreme Court held that it is
a settled legal proposition that an Affidavit is not "evidence" within the meaning of
Section 3 of the Evidence Act, 1872. It can be used as "evidence" only if, for sufficient
reasons, the Court passes an order under Order 19 of the Code of Civil Procedure,
1908. The Supreme Court held that the filing of an Affidavit of one's own statement, in
one's own favour, cannot be regarded as sufficient evidence for any Court or Tribunal to
reach a conclusion as regards a particular fact situation.