2018 CAV JUDGMENT
accounts, is only hearsay in nature. The instant case is not relating to
any import or export of diamonds, but relating ... gestae" which is an exception to
admissibility of a hearsay evidence.
19. In response to my specific query, the learned Counsel for the
petitioner
admissibility of their statements, for they are in the nature
of hearsay.
29. Section 6 of the Evidence Act reads as under:-
"6. Relevancy ... Evidence
Act is an exception to the general rule whereunder the
hearsay evidence becomes admissible. But for bringing
such hearsay evidence within the provisions
statements of the parents, for they are in the nature of hearsay.
33. Section 6 of the Evidence Act reads as under:-
―6. Relevancy ... Evidence Act is an exception to the
general rule whereunder the hearsay evidence becomes admissible. But
for bringing such hearsay evidence within the purview
prosecution), Lakhan Bage (son of the deceased- Dulu
Bage), a hearsay witness has been examined as P.W.2, Siram Birua, a
Government Teacher ... Hindi, as she
does not understand Hindi.
Fagu Ram Hasda, also a hearsay witness has been examined as P.W.4,
Bhim Sen Barda, also
probative for a prudent mind are
permissible. There is no allergy to hearsay evidence
provided it has reasonable nexus and credibility. It is
true that ... wherein Hon'ble Apex Court explained the
concept of hearsay evidence and observed that:
"7. In an application for a Writ of Certiorari
view that while there is no bar
against the reception of hearsay evidence by domestic
tribunals the extent to which such evidence may be received ... urged that whereas the
Tribunal may admit on record evidence which is hearsay, the
oral evidence under the Police Regulations must be direct
evidence
Prasad Swansi, has been examined as P.W. 2, is a hearsay witness
who reached to the place of occurrence after hearing the death ... inquest report, which has been
marked Exhibit 2. He is a hearsay witness, who got information that
Madhusudhan Swansi has killed Dhananjay Swansi. This witness
respondent has administered some poisonous
substance to Sukrima. Both the witnesses are hearsay witnesses
and they have stated what Sushila alias Susri (PW1) informed
them ... point is that whether this hearsay evidence is
admissible and can be acted upon. Hearsay evidence is not
received as relevant evidence. In Kalyan Kumar
other evidence of the material
prosecution witnesses is hearsay evidence, which is not of
much value. Even the evidence of victim no.1 (PW2) cannot ... prosecution
witnesses PW1 complainant and PW3 are necessarily in the
nature of hearsay evidence. The evidence of these witnesses
is, therefore, required to be examined
Respondents failed to appreciate that apart from the vague 'uncorroborated Hearsay Evidence' of the Complainant/P.W.1, there is no material ... Enquiring Judge erred in relying on the 'uncorroborated Hearsay Evidence' of the Complainant/P.W.1, the exculpatory evidence
