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See Also:
- EVIDENCE: Evaluation of Evidence - The Duty of the Trial Court - Whether the Evaluation of Evidence and Ascription of Weight Is the Responsibility of the Trial Court
"...it is settled law that evaluation of evidence and ascription of weight thereto remains the province of the trial Court which heard and observed the demeanor of the witnesses and…
- EVIDENCE: Evaluation of Evidence – Primary duty of the trial judge to evaluate evidence – Rationale behind assignment of the role of evaluation of evidence to the trial judge
“This reluctance is principally grounded on the recognition that the learned trial Judge, who had the undoubted advantage of seeing and hearing the evidence presented by the parties, at first-hand,…
- EVIDENCE - ADMISSIBILITY OF EVIDENCE - Appropriate time to object to the admissibility of evidence, effect of failure to do so
"... whether in view of the provision of Section 209(1) of the Evidence Act, the two lower Courts were right to have relied on the testimony of PW3 to convict…
- EVIDENCE: Corroboration - Evidence of the Prosecutrix - Whether Corroboration Is Required for the Evidence of a Victim of Sexual Offence
"It is long settled that in sexual offences that corroboration of the prosecutrix evidence is desirable. That is to say the evidence of the prosecutrix should be strengthened by other…
- CRIMINAL LAW & PROCEDURE: Proof of evidence - Nature and the essence of proof of evidence
“The proofs of evidence are not themselves pieces of judicial or legal evidence on which the Court of law acts on. The proofs of evidence contain the statements or abridged…