Supreme Court · 1979 INSC 126 · Decided 25 July 1979
Syad Akbar v. State of Karnataka
- Court
- Supreme Court of India
- Citation
- 1979 INSC 126 · [1980] 1 S.C.R. 95
- Case number
- CRIMINAL APPEAL No. 456/1978
- Decided
- 25 July 1979
- Bench
- R.S. SARKARIA, R.S. PATHAK (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- Evidence Act Section 114
Headnote
95 Evidence Act-Res ipsa loquitur-If applicable in criminal trials-Appellani driving a bus 011 a narrow road with deep ditches on both sides-A child suddenly atte1npts to cross the road-Bus swerved to riglzt-Child crushed to death­ Prosecution declared eye witness hostile-Driver-If could be treated as washed off the record. The appellant, who was a driver of a bus, was driving the vehicle by a road which ran through a< village. On either side of the road there were deep ditches. A n101her who \\'as going from the village on the left side of the road to the fields on the right,
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