Law:

Section:

(a) Evidence Act (I of 1872)- -- S. 45-Expert evidence-Evidentiary value of-"Track evidence", held, always considered as weak evidence and not safe to accept a tracker's opinion as last word in judicial proceedings.-[Expert evidence]. It is true that in rural areas, some villagers by constant practice develop a knack, to identify the human footprints by having special regard to its measurement, shape and other peculiarities. Some trackers also get help from one's gait-style if it showed a person's permanent habit of taking steps in a straight line or obliquely or the space one leaves generally between two steps. But it cannot he a sure test because many people have a similar walking style and also equal measurement of their feet. Such identifications .further present extreme difficulty when the prints are shod (wearing shoes) and not of bare feet. Of late, the Courts of this country have been considering the evidence of a tracker as that of an "expert" in the meaning of section 45 of the Evidence Act but its evidentiary value of course depends on the fact that how best it links the accused with the crime beyond doubt, with particular reference to the circumstances of each case. (b) Evidence Act (I of 1872)- S. 45-Expert evidence-"Track evidence", evidentiary value of­ Identification of shod footprints, held, always considered to be valu­less.-[Expert evidence]. Ghulam Mustafa and another v. The State 1971 P Cr. L J 775 ref. (c) Penal Code (XLV of 1860)- S. 302-Murder-Evidence; appreciation of-Conviction, held; could not be based on circumstantial evidence unless reasonable hypothesis consistent with innocence of accused completely excluded-Circumstan­tial evidence adduced by prosecution neither conclusive in nature nor leading to any other inference except guilt of accused-Conviction and sentence set aside, in circumstances.-[Evidence]. Mangal Singh v . Emperor A I R 1934 Lah. 346 ref. (d) Penal Code (XLV of 1860)- -- S. 302-Murder-Evidence, appreciation of-Accused convicted on same or similar evidence found unsatisfactory and unreliable by Court against acquitted co-accused-Accused, held, entitled to benefit of doubt irrespective of fact whether she filed…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492