Supreme Court · 2001 INSC 549 · Decided 2 November 2001
State of Maharashtra v. Bharat Fakira Dhiwar
- Court
- Supreme Court of India
- Citation
- 2001 INSC 549 · [2001] SUPP. 5 S.C.R. 12
- Case number
- CRIMINAL APPEAL No. 1246/1997
- Decided
- 2 November 2001
- Bench
- K.T. THOMAS, S.N. VARIAVA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302; Evidence Act Section 27
Headnote
Evidence Act, I 872 : Section 3-Child witness-Evidence of-Admissibility-Held: Evidence of a child witness does not always stand irretrievably stigmatised-~{ the evidence is reliable it shall not be rejected merely because the wimess is a child-However, such evidence must be evaluated more car4ully wisdom than a law. D Section 27-lncriminating articles-Recovery of-From an open place- E At the instance of accused-Admissibility qf-Held: it is not the law that recovery of arlicles .from any place which is "open or accessible to others" is inadmissible-Until these articles were
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