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. Section 45 of the Evidence Act which makes opinion of experts admissible lays down that when the Court has to form an opinion upon a point of foreign law, or of science, or art, or as to identity of handwriting or finger impressions, the opinions upon that point of persons specially skilled in such foreign law, science or art, or in questions as to identify of handwriting, or finger impressions are relevant facts. Therefore, in order to bring the evidence of a witness as that of an expert it has to be shown that he has made a special study of the subject or acquired a special experience therein or in other words that he is skilled and has adequate knowledge of the subject.

  1. An expert is not a witness of fact. His evidence is really of an advisory character. The duty of an expert witness is to furnish the Judge with the necessary scientific criteria for testing the accuracy of the conclusions so as to enable the judge to form his independent judgment by the application of this criteria to the facts proved by the evidence of the case. The scientific opinion evidence, if intelligible, convincing and tested becomes a factor and often an important factor for consideration along with the other evidence of the case. The credibility of such a witness depends on the reasons stated in support of his conclusions and the data and materials furnished which form the basis of his conclusions.” In light of the observations quoted above and the admission of PW-8 that he was not an expert in post-mortem examination, we are constrained to find that no reliance can be placed on his deposition.

Furthermore, since this is a case based on circumstantial evidence, the burden is on the prosecution to prove all the circumstances so as to complete the chain, and not to leave any scope for the accused to escape from the clutches of law. The law on this point is now well-settled by the decisions of this Court including in the case of Sharad Birdichand Sarda v. State of Maharashtra, (1984)4 SCC 116, wherein it was held that the following conditions need to fulfilled for an accused to be convicted based on circumstantial evidence:

“The following conditions must be fulfilled before a case against an accused can be said to be fully established:

(1) the circumstances from which the conclusion of guilt is to be drawn should be fully established. (2) The facts so established should be consistent only with the hypothesis of the guilt of the accused, that is to say. they should not be explainable on any other hypothesis except that the accused is guilty, (3) the circumstances should be of a conclusive nature and tendency.

(4) they should exclude every possible hypothesis except the one to be proved, and (5) there must be a chain of evidence so complete as not to leave any reasonable ground for the conclusion consistent with the innocence of the accused and must show that in all human probability the act must have been done by the accused.

These five golden principles, if we may say so, constitute the panchsheel of the proof of a case based on circumstantial evidence.” In the instant case, the prosecution has not been able to establish a complete chain of circumstantial evidence. The prosecution has not proved the guilt of the accused beyond reasonable doubt, and the same must enure to the benefit of the accused.


Cases refereed :

ADUKKALPATTU Mani Vs State of Andhra Pradesh

CRIMINAL APPEAL NO.1818 OF 2014

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  • Prachi Singh Advocate
  • Supreme Court of India

Prachi Singh Advocate B.com,LLB,MBA is practicing Lawyer/Attorney at Supreme Court of India,Delhi High Court and all Districts Courts.She is regularly drafting,Advising and contesting the matters related to Anticipatory Bail,Bail Matters,Criminal Writ Petition in High Courts,Criminal Writ Petition in Supreme Court,Criminal Appeal,Criminal Revision Petition,Quashing of Charge sheet,Quashing of FIR,Cancellation of Bail,Criminal Defence Lawyer,quashing of Proclaimed offender orders,Cases related Cyber Crimes,Cases related Cheating,Cases related Property fraud,Banking fraud cases,perjury cases,criminal defamation,Sexual Harassment Cases and all Criminal Cases..

PROFESSIONAL MEMBERSHIP WITH

-Supreme Court Bar Association
-Delhi High Court Bar Association
-Delhi Bar Association
-Indian National Bar Association
-Associate Member of American Bar Association International Section.
-Indian Council of Arbitration (ICA)
-Associate Member of The Indian Society of International Law
-INTERNATIONAL SOCIETY OF FAMILY LAW

  • Leges Juris Associates
  • Advocates & Solicitors
  • A-381,Defence Colony,New Delhi-110024,
  • Phone: +91-11-40513913,9811114265

        V.K. Singh

v.k.singh_advocate_1401182791_06

 

Advocate, Supreme Court of India

Year of Professional Experience.

More than 15 Years.

PROFESSIONAL AFFILIATIONS / MEMBERSHIPS

  • Member of New Delhi Bar Association, New Delhi.
  • .Member of Delhi Bar Association ,Tis Hazari,Delhi.
  • Member of Saket Bar Association, Saket, New Delhi.
  • Member of Delhi High Court Bar Association,[DHCBA], New Delhi.

Mr. Singh is the founder member and the Managing partner of the firm, V.K.Singh & Co.. (Law Offices). He has the vide expertise over the matters related to Civil & Commercial Disputes, Family and Matrimonial Disputes, Consumer Disputes and Recovery of Debts for Banking & Financial Institutions and Alternate Dispute Resolution. He is known for his self developed and distinguished negotiation skills, extempore arguments. His experience covers a wide range of litigations, legal consultancy and arbitrations. He possesses superb drafting skill, well acclaimed consummate and effective argumentation skill and unparallel client counseling skill.

Criminal Practice Experience.

Mr.Singh has vast knowledge in Criminal Practice and advised, drafted and contested the matters of his respective clients in Bail Matters ,Dowry Cases, Narcotic Drug Cases (NDPS Cases),Criminal Trial ,Rape Cases or Sexual Harassment Cases, Fraud Cases ,Cheating Cases,EOW Cases, Anti corruption Cases, Criminal Writ Petition, Criminal Revision ,Criminal Appeal, Criminal SLP etc. .in  Hon’ble Supreme Court of India ,High Courts and all District Courts in India.

Contact :

Mobile : 91-9811645002

Email : lawofficevksingh@gmail.com