Evidence issue
Munish Kumar Garg
(Querist) 01 April 2012
This query is : Resolved
Hello Members
I need the help in this regard, can the evidence that was taken in some other criminal case can be used in civil case for corroboration, as in my case I am from the side of respondents in Regular Second Appeal and both the courts below is in my favour and now the aggrieved appellants filed the RSA before the Hon'ble Punjab and Haryana High Court and whole their arguments is based on this score only.
So my request to you is that please provide me some judgments specially of Supreme Court Of India in favour respondents and against the appellants, in which it is held by Hon'ble Courts that Evidence led before the Criminal Court cannot be used in Civil case at all.
Thanks
Munish Kumar Garg
Advocate
Punjab And Haryana High Court, CHD
ajay sethi
(Expert) 01 April 2012
The Privy Council held in Bal Gangadhar Tilak vs. Shriniwas Pandit : AIR 1915 PC 7 that in the absence of proof that conditions stated in sec. 33 were satisfied, the evidence given an earlier civil proceedings could not be imported into a later criminal case
ajay sethi
(Expert) 01 April 2012
“At common law, depositions and oral testimony given by a witness were admissible in a civil case Wright vs. Doe-d Tatham (1834)1 Ad & El (3) and are still in criminal proceedings, R vs. Hall (P.B.) 1973 Q.B. 496, in a subsequent (or in a later stage of the same) trial in proof of the facts stated, provided (1) that the proceedings are between the same parties or their privies; (2) that the same issues are involved; (3) that the party against whom, or whose privy, the evidence is tendered had on the former occasion a full opportunity of cross-examination; and (4) that the witness is incapable of being called at the second trial”.
The
ajay sethi
(Expert) 01 April 2012
Suppose a man is run over by a car and his leg is amputated. He complains (i.e. by way of private complaint) against the driver who is prosecuted by the State for an offence under the Motor Vehicles Act or Penal Code. Later, he files a suit against the driver for damages. Some of his witnesses who appeared in the criminal court may be dead by the time the civil case comes up for trial. If the evidence given in the criminal case is sought to be used in the civil case, it may be objected to on the ground that the parties are not the same, as the parties in the criminal case are the State and the driver and the parties in the civil case are the victim and the driver. The Explanation has been put in to get over this argument and make the evidence in the criminal case relevant evidence in the civil case. (see Vepa Sarathi, 5th Ed., 2002, pp 158-159)
In
Guest
(Expert) 04 April 2012
Since corroboration of earlier evidence is the matter of issue, I endorse the 2nd opinion of Shri Ajay Sethi.
