Substantive evidence Archives

NRJ Series | Confession of co-accused not substantive evidence in itself but can be considered to lend assurance to existing circumstantial evidence [(1954) 1 SCC 625]

This report covers the Supreme Court’s Never Reported Judgment on, confession of co-accused, dating back to the year 1954.

Case Briefs High Courts

Identification in Test Identification Parade is not substantive evidence; any irregularity in it will by itself does not erode evidentiary value of identification in Court: Jharkhand HC

Any irregularity committed during investigation could not be the sole ground to discard the prosecution case in its entirety, if it was otherwise proved by other cogent and reliable evidence.

Case Briefs Supreme Court

Trial Court not a ‘mere post office’; must apply its mind while framing charges: SC unimpressed with discharge of murder accused based on postmortem report only

Ultimately, upon appreciation of the entire evidence on record at the end of the trial, the trial court may take one view or the other i.e. whether it is a case of murder or case of culpable homicide. But at the stage of framing of the charge, the trial court could not have reached to such a conclusion merely relying upon the port mortem report on record.