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prof s c pratihar (medical practitioner &legal studies)     01 October 2008

disappear---s 201 IPC

dear members,

                         i am having some query so far disappear of evidence is concerned..In Harbanslal vs state  AIR 1967 HP10. it has been a setteled law that disappearence of evidence will be caused if the evidence ceases to be visible or to be traceable.what is the value of oral evidence then ?



Learning

 7 Replies

K.C.Suresh (Advocate)     02 October 2008

Make it clear Prof. Doc will prevail over occular evidence. Any evidence can be disappeared. The corpus, the weapon, the cloths etc etc. Is there any circumstances in your knowledge about the disappearence of oral evidence or say causing the disappearence of the witness. Is that what you meant in your query Prof. Sir. Kindly bring the entire facts for accademics. Are you a researcher in legal matters. Your querries are interesting and accademical. Thank you Pro. Sir.  

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     02 October 2008

oral evidence is offered that no payment was made for the other indigo. The evidence is admissible.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     02 October 2008

oral evidence is offered that no payment was made for the other indigo. The evidence is admissible.

SHEKHAR MISHRA (public servant)     02 October 2008

Direct    oral    evidence   is    valuable.

prof s c pratihar (medical practitioner &legal studies)     02 October 2008

thank you mr suresh .iam honoured by a sr member like you.advantages and disadvantages---many people ,.my professional colleagues takes advice from me.most of them are not interested in law and police  .in uk inside a hospital i found a law firm office---written out side if you have any grievances take help .such type of education or democracy we do not expect in india in this century.me interested both in medicine as well as in law.a difficult combination.-------my personal impression -----law means , knowledge - means solution -means a vehicle to protect property and liberty.if i am not wrong basics of law along with english to be taught in school , in 12 th lavel , at college lavel , for self protection ,self profit ,peaceful management of own fanily and society as a whole.mass education and importance of english already felt by our mass now. a belated understanding.we four friends moved whole of europe with a rented caravan .no money to stay in a hotel .a green ,disciplined ,educated  continent. villagers are better than our city dwellers. practically no village in europe. civilised society.our country lost 60 years in dirty politics without any proper governess.we learn by mistakes .to err in human , to forgive divine.my new creation "law means knowledge that protect the society" next day sl describe disappearence of evidence what i meant.

prof s c pratihar (medical practitioner &legal studies)     08 October 2008

dear mr suresh,


                                  a boy of 12 yrs saw his father being murdered by by decoits , a he identified one residing in the same village.magistrate recorded his statement us 164 . afterwards the boy was not traceable.so oral evidence and cross exm could not be done.sole occular evidence and witness lost.all acquitted.

K.C.Suresh (Advocate)     10 October 2008

Dear Mr. Prof.




 


Why the boy of 12 not traceable. what attempt was made to get him. The court would have waited for the sole meterial witness. Whether Section 164 (5) on the point of oath is complied by the Magistrate. The magid=strate who take down the statemnet can prove the statment before the cpourt and he/she can be cross examined on the point.




 


Let us view the polistion as follows Prof.




 


1. The boy was not traceable  due to adminstration of force. Or say he is removed forcefully without his will




 


2. The boy was missed or never ever traceable




 


3. The boy is no more or killed by the opposite party




 


4. The evidence is 164 under oath




 


Then in that case the identity of the  accused with aid of the investigating officer and other official and mahazer witness can be admitted




 


The conclusion is, if the vanishing of the boy is intentional from the  opposiote side the evidence already given can be taken for consideration.




 


Suppose If a man was examined and crossed exmd by the available accused and later he died. The absconding accused surrendedd after his death. he didnot get a chance for cross. If the absonding was willful what harm is there to consider his evidence against the accused. Is it fair to say that he is at an advantage opf rejecting the evidence only for the reason of his absconding from the process of law.  Accademically you can work out this problem. Thank you for the personal touch shown to me


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