mean merely giving a summary
of the evidence. The Judge should marshall the evidence so
as to bring out the lights and the shades ... parades, considered the cases of each
of the accused separately and marshaled the evidence which
had been led by the prosecution against each of them
consideration' by the trial court at that stage. Can he marshal the evidence found on the record of the case and in the documents ... evidence for that limited purpose but he is not required to marshal the evidence with a view to separating the grain from the chaff
support of other evidence. The proper
way is, first, to marshal the evidence against
Patna High Court CR. APP (DB) No.1182 ... evidence under Section 3
of the Evidence Act. It was held that the
confession of a co-accused can not be
treated as substantive evidence
support of other evidence. The proper way is,
first, to marshal the evidence against the
accused excluding the confession altogether from
consideration and see whether ... evidence. If the court
believed other evidence and felt the
necessity of seeking an assurance in
support of its conclusion deductible from
the said evidence
only possible view. In the
instant case, the respondents had marshalled evidence to show the properties were
acquired through other known sources. While so, when ... complainant herein, who is the appellant, having failed to marshall
evidence in connection with the proceeds of crime is bound to fail. Reliance
have carefully gone through the evidence on record,
assessing the merits and demerits of the evidence marshalled by
both sides.
10. Shorn-off unnecessary detail ... aspects as
discussed hereinafter.
Last Seen Evidence
13. As part of the „last seen‟ evidence marshalled against the appellant,
the prosecution has relied upon
consider them credible enough for the
purpose of controverting the evidences marshaled by the
Investigating Wing."
11. Further while dealing with the matter ... impex (P) Ltd.
After considering the facts of the case and evidences marshalled
against the appellant, the AO gave an unequivocal finding that the
appellant
filing and proving its case,
the responsibility of investigating a crime, marshalling evidence and
witnesses, rests with the State. Therefore, while the convenience
para 6, this Court
held that:
"Can he marshal the evidence found on the record of the
case and in the documents placed before ... evidence for that limited purpose but he is not required to
marshal the evidence with a view to separating the grain
from the chaff
their pleadings or in
the evidence.
Before, however, analysing and marshalling the evidence
we would like to refer to the authorities of this Court ... also that
the evidence is relevant and otherwise admissible,
we are satisfied that a tape recording is
admissible in evidence. Such evidence should
always
