Evidential valueof oral statement of daughter against her father in 302 case.

MohammedRaffiq Bijapur (Querist) 05 October 2012 This query is : Resolved
The accused facing charge for offence u/sec.302 causing murder of his wife. the daughter of accused though has not seen the crime but deposes that her parents have no cordial relationship and night before her murder both have quarreled.
The question is whether this evidence is sufficient to convict the accused when other witness have turned hostile?

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Manjeet kumar sahu (Expert) 06 October 2012
Generally Oral Evidences cannot be the sole ground for conviction.It has to be in corroboration with other evidences.

Guest (Expert) 06 October 2012
Depends upon how effectively the defence is presented. Oral evidence can or cannot be true. Only doubts cannot work. If no eye-witness is available, circumstantial evidences can work against or in favour of the suspect.

prabhakar singh (Expert) 06 October 2012
daughter deposes "that her parents have no cordial relationship and night before her murder both have quarreled. "

Strictly speaking it is not sufficient evidence for conviction.

THANKACHAN V P (Expert) 06 October 2012
It is not sufficient to convict an accused in 302

K.K.Ganguly (Expert) 06 October 2012
No. Nothing can be construed about the incidence against the father based on the said deposition of the daughter.

JANAK RAJ VATSA (Expert) 10 October 2012
the deposing by the daughter of only not maintaining cordial relations and quarrel on previous night are not adequate to pin down the accused under 302

MohammedRaffiq Bijapur (Querist) 10 October 2012
Thanks to all for ur precious replies.

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