P Sadagopan (retired) 19 December 2022
“A” gave a document to “B”. Later a dispute arose between the two and “B” lodged a complaint. Police investigated the case but could not get the document original or copy or even an written acknowledgement from “B”.Now “ A “ denies giving the document to “B”. Prosecution has produced only oral evidence in favour of “B” in the charge sheet. How far court will appreciate the oral evidence. Please clarify.
Advocate Bhartesh goyal (advocate) 19 December 2022
As document is not on record so oral evidence regarding document is not acceptable as per sec 59 of Indian Evidence Act , oral evidence can be used to prove any fact except the contents of document. The contents of document must be proved by producing the document itself.
Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 20 December 2022
Section 59 and 60 of the Act deals with oral evidence. Oral evidence of a witness is generally admissible evidence if he has direct and personal knowledge of the fact deposed by him.
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