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Johny v. State of Kerala

  • Order

Evidence Law – A hearsay statement can be accepted by applying the principle of res gestae, if it is a contemporaneous statement and interwoven with the facts in issue. In other words, if it is a statement made by the maker thereof, who is either the victim or the person witnessing the incident, spontaneously, while he was under the excitement or shock arising on being part of the incident, it can be accepted as an admissible evidence. Only thing is that, the possibility of afterthought, pre-meditation, design etc. should be ruled out.

Evidence Law – Manner of reaction of people cannot be imagined precisely, as the nature of human conduct and reactions are very complex and it depends upon various factors and it varies from person to person.

Citations : 2021 (4) KCC 35 : 2021 (4) KHC 296 : 2021 (2) KLD 137 : 2021 (4) KLT 390