evidence of injured witnesses and also the evidence of
PW-12 and PW-14 who issued medical certificates and
submitted that the prosecution has established ... such evidence and material. Failure in not drawing the
attention of the accused to the incriminating evidence
and inculpatory materials brought in by prosecution
specifically
when there are circumstances on the record, gathered from
the prosecution evidence, chief and cross examinations,
probabilities and circumstances, if any, introduced by the
accused ... accused by the prosecution may
affect the prosecution case. But such a non-explanation may
assume greater importance where the evidence consists of
interested
first time in Court-
Evidential value of.
Evidence Act, 1872 - Sections 3 , 73-Appreciation of
evidence-Evidence regarding identity of author of document-
Expert opinion ... Gitanjali Express. From Bombay the
prosecution alleges that they went to Pune. Prosecution has
also tendered evidence to show that on 9th August, 1986,
accused
Nath who appeared subsequently and
was, according to the prosecution version, quite unarmed ?
The prosecution evidence is that Puttu Lal had called his
son Pratap ... according to the
prosecution version, witnessed the occurrence not produced
by the prosecution at all ? The prosecution could select its
witnesses. But, why was such
enable the prosecution witnesses to fix identity of the,
culprits.
Another factor which weighed with the High Court in
discarding the prosecution evidence was that ... report or in the
evidence of the prosecution witnesses would go to show that
the prosecution evidence is not worthy of credence. In this
respect
Gitanjali Express. From Bombay the prosecution alleges that they went to Pune. Prosecution has also tendered evidence to show that on 9th August, 1986, accused ... accused is of no help to the prosecution.
27. The prosecution has then relied on the evidence of the handwriting expert
prosecu-
229
tion evidence while reversing the well considered judgment
of the Sessions Judge. On independent appraisal of the
evidence, the prosecution evidence relating ... evidence of DW2, Tara Chand, father of the
deceased. [242D-E]
8. The Sessions Judge carefully considered the evidence
led by the prosecution with regard
Code of Criminal Procedure, 1973
230. Date for prosecution evidence.
- If the accused refuses to plead, or does not plead, or claims to be tried ... examination of witnesses, and may, on the application of the prosecution, issue any process for compelling the attendance of any witness or the production
raiding party was also a gazetted officer. He submitted that the prosecution evidence has not been damaged at all on this count.
14. Ms. Katpitia ... evidence collected in a search in violation of law does not become inadmissible in evidence under the Evidence Act . The consequence would be that evidence
negligence or lethargy of the prosecution. The delay in adducing the prosecution evidence was beyond the control of the C.B.I. In fact from ... prosecution agency or the State machinery. However, the Court prescribed certain exceptions on the basis of which the prosecution evidence could not be closed. Those
