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evidence act

(Querist) 02 October 2009 This query is : Resolved 
One witness deposed that he observed the accused 1 to 8 form the window at mid night 3 o clock. But he never deposed regarding light. I too never questioned him regarding light.

please send me the relevant citations. Entire my case is depended upon this issue. case is under section 458 of IPC
Kiran Kumar (Expert) 02 October 2009
light is an important factor in ur case.

is there any other circumstance or fact which could give any inference regarding this fact?

Raj Kumar Makkad (Expert) 02 October 2009
better you disclose all important relevant factors of ur case so that an appropriate reply based upon supporting case law may be submitted.
Adinath@Avinash Patil (Expert) 03 October 2009
AT MID NIGHT 3 O'CLOCK LIGHT IS IMPORTANT FACTOR.IF WITNESS DEPOSED THAT HE OBSERVED 1 TO 8 FROM THE WINDOW AT MID NIGHT 3 O CLOCK,THAT ITSELF IS SHOWS THAT THERE IS QUESTION OF LIGHT. YOU CAN ARGUE THE SAID FACT AND CREATE DOUBT OF LIGHT AND ACCUSED IDENTIFICATION IS DOUBTFUL, YOU WILL GET RELIEF.
Sukhija (Expert) 11 October 2009
benefit of doubt will go in favour of accused n accused may get acquitted.
Sachin Bhatia (Expert) 11 October 2009
Light is an important factor especially at mid night, it is also important to know whether he uses specs or not. Better you disclose all other relevant factors so that supporting case law may be submitted.


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