To form particular statement as part of the same transaction utterances must be simultaneous with the incident or substantial contemporaneous that is made either during or immediately before or after its occurrence

EXCERPT: The rule embodied in Section 6 is usually known as the rule of res gestae. What it means is that a fact which, though not in issue, is so connected with the fact in issue "as to form part of the same transaction" becomes relevant by itself. To form particular statement as part of the same …

Defence witnesses have to be given the same importance as prosecution

Excerpt: It is trite that witnesses produced by the defence have to be given the same importance as the evidence led by the prosecution. There is no explanation given in the impugned judgment as to why the defence witnesses deserve to be disbelieved. We find that the witnesses have corroborated each other and supported the …

Section 6 of the Evidence Act is an exception to the general rule whereunder the hearsay evidence becomes admissible

Excerpt:  Section 6 of the Evidence Act is an exception to the general rule whereunder the hearsay evidence becomes admissible. But for bringing such hearsay evidence within the provisions of Section 6, what is required to be established is that it must be almost contemporaneous with the acts and there should not be an interval which would …