LECTURE – 3
INTRODUCTION- EVIDENCE
INTRODUCTION- EVIDENCE
A) Classification of evidence
i) Oral evidence
ii) Documentary evidence
iii) Real evidence
iv) Hearsay evidence
v) Corroborative evidence
vi) Documentary evidence
vii) Direct evidence
viii) Circumstantial evidence
B) The Best Evidence Rule
1. Evidence – Classification
a) Oral
b) Documentary
c) Real
2. i) Oral Evidence is evidence from persons, namely, witnesses.
ii) Documentary evidence is evidence from documents.
iii) Real evidence is evidence from things other than documents.
3. Oral Evidence – Statements made by the witnesses in Court.
4. Documentary Evidence –
Documents produced for inspection of the Court – such as :
a) a letter
b) a sale-deed
c) a deed of agreement
d) a seizure memo
e) an inquest report
f) electronic record
5. Real evidence – material objects other than documents, produced for inspection by the court.
Examples
a) Dagger,
b) Revolver,
c) Blood stained clothes,
d) A torn garment
6. All legal Evidence is either Direct or
Circumstantial
Direct Evidence : When the principal fact is
attested
directly by witnesses, things or documents.
To all other forms of evidence, the term
circumstantial
evidence is applied.
7. Circumstantial Evidence :
Ordinarily means evidence of a fact from which some
other fact is inferred.
In circumstantial evidence, facts in issue are indirectly
inferred rather than directly perceived.
Examples :
Motive, preparation, conduct, opportunity, position of
the
parties etc.
8. Circumstantial Evidence : (Example)
“A” was charged with the murder of “B”.
“PW1” proved that “A” had enmity with “B”.
“PW2” testified that “B” was last seen in the company of “A”.
“PW3” deposed that “B” was wearing ornaments (a ring and chain).
“PW4” stated that “A” was sharpening a knife.
“PW5” (Autopsy Surgeon) opined that the injury sustained by “B”
might have been caused by that knife.
“PW6” (a Jeweller) gave out that “A” sold the above ornaments to
him on the day next to murder.
Result : “A” was found guilty of the charge. The case hinged
entirely on circumstantial evidence.
9. Circumstantial Evidence – three tests to
be satisfied :
i) the circumstances must be cogently and firmly
established.
ii) those circumstances should be of a definite tendency
unerringly pointing towards guilt of the accused.
iii) the circumstances taken collectively should form a
chain so complete that there is no escape from the
conclusion that within all human probability the crime
was committed by the accused and none else.
Circumstantial Evidence
Circumstances are to be fully established.
All facts so established should be consistent
only with the hypothesis of guilt of accused.
Circumstances so proved shall also be
inconsistent with the hypothesis of innocence of
the accused.
Circumstances should form a chain leaving no
gap –
Hanumath Govind Nargundkar v State of M.P.
AIR 1952 SC 343: 1953 Cr.L.J. 129.
Ingredients to prove guilt of an accused by
circumstantial evidence are-
The circumstances wherefrom the conclusion is
to be drawn must be fully proved.
Circumstances should be conclusive in nature.
Facts should not only be consistent in nature to
prove the guilt but also inconsistent with his
innocence; and
To be morally certain, the circumstances must
not point to some other person’s guilt –
State of U.P. v Dr. Ravindra Prakash Mittal
(1992) 3 SCC 300; AIR 1992 SC 2045; 1992 SCC
(Cri) 642
Last Seen
Ordinarily, when the accused and deceased
were last seen alive in company of each other
and the failure of the accused to satisfactorily
account for the disappearance of the deceased
is considered to be an incriminating
circumstance –
1979 Cr.L.J. 1310, para 9 (SC).
10. Document :
Reference :
Section 29 IPC
Section 3 I.E. Act.
Section 3 (18) General Clauses Act.
Document means :
a) any matter
b) expressed or described upon any substance by letters,
figures or marks intended to be used or may be used for
recording that matter.
Documents : (Examples)
i) a writing
ii) a map
iii) a plan
iv) a summon
v) a notice
vi) an order
vii) a sale-deed
viii) a receipt
ix) a blue-print
x) an X-ray plate
xi) a book of account
xii) a caricature
xiii) an inscription on a stone
xiv) a tape
