
Ce livre historique peut contenir de nombreuses coquilles et du texte manquant. Les acheteurs peuvent généralement télécharger une copie gratuite scannée du livre original (sans les coquilles) auprès de l'éditeur. Non référencé. Non illustré. 1906 edition. Extrait:...upon an alternative finding (Norman and Campbell, JJ., dubitantibus). The deposition voluntarily given before the Sessions Judge is admissible in evidence against the witness to show the falsehood of his deposition before the Magistrate, anything in s. 82, Act II of 1885, notwithstanding Campbell. J., dissentiente). Mt. Zumecrun C W.R. 65; U.L.R. Sup. Vol. 521. Contradictory statement--Alternative finding--CP. 1861, s. 381 An alternative finding under s. 381, CP. should not be resorted to until both the committing oflicer and the Sessions Judge arc satisfied that no reliable cvirence is procurable in support of one or other of the charges; and such a finding cannot 1; based in a case of giving false evidence upou two statements, which are not absolutely contradictory the one of the other, nor when in one of them the accused gives only hearsay evidence. Every presumption in favour of the possible reconciliation of the statements must be made, ltedoo Noshyo 12 W.R. 11; 13 li.L.R. 325 n. An accused is convicted of giving false evidence before the Sessions Court solely on the ground that his evidence before the Sessions Court differs from his evidence lnjfore the committing Magistrate. Held that if the variance in his evidence was such as to justify a conviction the finding should have been nn alternative one under s. 382, CP. 1861. Ararita Shahaji Cr. Rg. 2()-10-t)U. Alternative charge.--A prisoner was convicted on an alternative charge in the form provided By Sell. 5, XXVIII., ii.(4), CP. of having given false evidence such evidence consisting of contradictory statements contained in one deposition while he was under cross-examination and re-examination ns a witness in a judicial...
Page Count:
192
Publication Date:
2012-10-14
ISBN-10:
1235774481
ISBN-13:
9781235774485
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