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Tag: Illegally Obtained Evidence Admissible As Long As Relevant to Case

Madhuranatha and Anr Vs State of Karnataka on 28 Nov 2013

Posted on May 10, 2021 by ShadesOfKnife

The Division bench of Apex Court reduced Death penalty to Life imprisonment for 30 years without remission.

From Para 11,

11. Thus, a witness is normally considered to be independent unless he springs from sources which are likely to be tainted and this usually means that the said witness has cause to bear such enmity against the accused so as to implicate him falsely. In view of the above, there can be no prohibition to the effect that a policeman cannot be a witness or that his deposition cannot be relied upon if it inspires confidence.

Madhuranatha and Anr Vs State of Karnataka on 28 Nov 2013

Citations : [2013 AD SC 12 587], [2014 AIR SC 394], [2014 AJR 3 489], [2014 AKR 1 305], [2014 ALD CRL SC 1 699], [2014 ALLCC 84 329], [2013 JT SC 15 58], [2014 KARLJ 2 158], [2014 KCCR 2 985], [2014 NCC 1 346], [2013 SCALE 14 502], [2014 SCC 12 419], [2014 SCC CRI 6 765], [2013 SCC ONLINE SC 1048], [2014 AIC 133 87], [2014 ECRN 1 668], [2013 SUPREME 8 279], [2013 AIOL 784], [2013 CRIMES SC 4 571], [2013 AIR SC 6766], [2013 AIR SCW 6766], [2014 JCC SC 1 809], [2014 RCR CRIMINAL SC 1 203]

Other Sources :

https://indiankanoon.org/doc/176649597/

https://www.casemine.com/judgement/in/5609af33e4b0149711415ccf

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Catena of Landmark Judgments Evidence Act 138 - Right to cross-examination a witness tendered in evidence by opposite party Evidence Act 146 - Questions lawful in cross-examination Illegally Obtained Evidence Admissible As Long As Relevant to Case Inquest report is not a piece of substantive evidence Landmark Case Madhuranatha and Anr Vs State of Karnataka Reportable Judgement or Order | Leave a comment

Dharambir Khattar Vs UOI on 21 November, 2012

Posted on December 20, 2018 by ShadesOfKnife

Based on the Hon’ble Apex Court’s landmark judgment here, Hon’ble Delhi High Court also ruled that “Therefore, without going into the issue of whether there was non-compliance of the provisions of Section 5(2) or of Rule 419-A, it is clear that even if there was, in fact, no compliance, the evidence gathered thereupon would still be admissible. This is the clear position settled by the Supreme Court and, therefore, no further question of law arises on this aspect of the matter.“.

Dharambir Khattar Vs UOI on 21 November, 2012

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Posted in High Court of Delhi Judgment or Order or Notification | Tagged Dharambir Khattar Vs UOI Illegally Obtained Evidence Admissible As Long As Relevant to Case | Leave a comment

Mathai Vs State of Kerala on 25 May, 2015

Posted on December 20, 2018 by ShadesOfKnife

Hon’ble High Court of Kerala has held that “there is no legal evidence on record to show that it was his house, which was searched. The trial Court failed to appreciate that legal position, while convicting the appellants, which needs interference.”

Mathai Vs State of Kerala on 25 May, 2015

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Posted in High Court of Kerala Judgment or Order or Notification | Tagged Illegally Obtained Evidence Admissible As Long As Relevant to Case Mathai Vs State of Kerala | Leave a comment

Pooran Mal Etc Vs Director Of Inspection on 14 December, 1973

Posted on December 20, 2018 by ShadesOfKnife

Another judgment from Hon’ble Supreme Court clearly lays out that “Courts in India and in England have consistently refused to exclude relevant evidence merely on the ground that it is obtained by illegal search or seizure. Where the test of admissibility of evidence lies in relevancy, unless there is an express or implied prohibition in the Constitution or other law, evidence obtained as a result of illegal search or seizure is not liable to be shut out.”

Pooran Mal Etc Vs Director Of Inspection on 14 December, 1973

 

Posted in Supreme Court of India Judgment or Order or Notification | Tagged Illegally Obtained Evidence Admissible As Long As Relevant to Case Pooran Mal Etc Vs Director Of Inspection Sandeep Pamarati | Leave a comment

R.M.Malkani Vs State Of Maharashtra on 22 September, 1972

Posted on December 20, 2018 by ShadesOfKnife

A landmark case wherein the Hon’ble Apex Court held that, “There is warrant for proposition that even if, evidence is illegally obtained it is admissible. Over a century ago it was said in an English case where a constable searched the appellant illegally and found a quantity of offending article in his pocket that it would be a dangerous obstacle to the administration of justice if it were held, because evidence was obtained by illegal means, it could not be used against a party charged with an offence. See Jones v. Owen“.

Facts of Case:

R.M.Malkani was at the crucial time the Coroner of Bombay. The evidence is that the patient died on 13 May, 1964. Dr. Motwani saw the appellant on 3 October, 1964. The appellant demanded Rs. 20,000. The appellant asked for payment of Rs. 20,000 in order that Dr. Adatia would avoid inconvenience and publicity in newspapers in case inquest was held. Dr. Motwani informed Dr. Adatia about the conversation with the appellant. On 4 October, 1964 the appellant rang up Dr. Motwani and said that he was willing to reduce the amount to Rs. 10,000. On 5 October, 1964 Dr. Adatia received calls from the appellant asking him to attend the Coroner’s Court on 6 October, 1964. Dr. Adatia got in touch with Dr. Motwani on 6 October and gave him that message. Dr. Adatia rang up the appellant on 6 October and asked for adjournment. The appellant granted the adjournment to 7 October. On 6 October there were two calls from the appellant asking Dr. Adatia to attend the Coroner’s Court on 7 October and also that Dr. Adatia should contact the appellant on 6 October. Dr. Motwani rang up the appellant and told him that the telephonic conversation had upset Dr. Adatia. On 6 October Dr. Motwani conveyed to Mugwe, Director of Intelligence Bureau about the demand of bribe to the appellant.

Punch Line:

There is no violation of section 25 of the Telegraph Act in the facts and circumstances of the present case. There is warrant for proposition that even if, evidence is illegally obtained it is admissible. Over a century ago it was said in an English case where a constable searched the appellant illegally and found a quantity of offending article in his pocket that it would be a dangerous obstacle to the administration of justice if it were held, because evidence was obtained by illegal means, it could not be used against a party charged with an offence. See Jones v. Owen.

The Court will take care in two directions in admitting such evidence. First, the Court will find out that it is genuine and free from tampering or mutilation. Secondly, the Court may also secures scrupulous conduct and behaviour on behalf of the Police. The reason is that the Police Officer is more likely to behave properly if improperly obtained evidence is liable to be viewed with care and caution by the Judge. In every case the position of the accused, the nature of the investigation and the gravity of the offence must be judged in the light of the material facts and the Surrounding circumstances.

When a Court permits a tape recording to be played over it is acting on real evidence if it treats the intonation of the words to be relevant and genuine. The fact that tape recorded conversation can be altered is also borne in mind by the Court while admitting it in evidence.

R.M.Malkani Vs State Of Maharashtra on 22 September, 1972

 

Posted in Supreme Court of India Judgment or Order or Notification | Tagged Illegally Obtained Evidence Admissible As Long As Relevant to Case Indian Telegraph Act Sec 25 Landmark Case Legal Procedure Explained - Interpretation of Statutes R.M.Malkani Vs State Of Maharashtra Sandeep Pamarati | Leave a comment

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