Kya Hua Ab? Admitting Evidence of a Third Party
evidence bar_exam intermediate mcq_debateBhai ek sawal hai jo main aur meri dost ke beech ghumda hai. MCQ hai ye:
Question: A person B is accused of murdering C. D, an eyewitness, sees B fleeing from the scene of the crime but does not see the actual incident. D testifies that he saw B fleeing from the scene. Is D's statement inadmissible in evidence?
Meri dost ka khayal hai ki D's statement inadmissible hai kyunki D nahi dekha aapne B ne kya kiya, sirf flee kar raha tha. Meri soch hai ki Statement of a person, who has relevant knowledge and is testifying about that knowledge, is admissible even if the witness did not see the actual incident, especially if it helps in proving the identity of the accused. Is sawalon ka answer kya hai bhai?
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Arre, ye discussion kaisi hai! The Supreme Court's judgment in Dhananjoy Chatterjee v. State of West Bengal says, third party admissions can be admissible as evidence if they meet the requirements of Section 24 of the Evidence Act. But, what if the third party was present at the time of the incident? Can't be sure about their credibility then!