LAW OF EVIDENCE 1 SYNOPSIS

TITLE: Appreciating Section 27 of the evidence act through Anter Singh v State of Rajasthan judgment

STATEMENT OF PROBLEM:

The police investigating the unnatural death of Hansraj had concluded the investigation stating in their
chargesheet that he was murdered in cold blood by Anter Singh and his 3 accomplices. The trial court
went on to convict Anter Singh for murder but acquitted his accomplices.

The subsequent appeal in the High Court also provided no relief to the accused.

But the tables turned in the Supreme Court with the counsel for the accused pointing out the
irregularities in the investigation conducted beginning with the discovery of a fire arm upon the
deposition of the accused during interrogation which he had allegedly revealed to be the murder
weapon.

OBJECTIVE:

The researcher aims to present an objective commentary on this criminal appellate hearing in the
Supreme Court before the division bench of Honourable Justices Pasayat and Dooraiswamy. It shall try
to appreciate the reasoning behind the overturning of the conviction.

REVIEW OF LITERATURE:

Books

Law of Evidence by Sudipto Sarkar and VR Manohar, 17th Edition, Volume 1, published by Lexis Nexis,
2013 reprint

The Indian Evidence Act by NH Jhabvala, 2017 edition, published by C. Jamnadas & Co.

Cases

State of Maharashtra v Mohd. Aslam

State of Uttar Pradesh v Prabhoo

Websites and web sources

www.indiankanoon.org

West Law
RESEARCH METHODOLOGY:

The project is entirely based on secondary research methods as the judgment passed in the case has
been already reported on several platforms and shall be only reappreciated by the researcher.

RESEARCH QUESTION:

Whether the application of Section 27 of the Indian Evidence Act, 1872 cause the miscarriage of justice
in certain case as it might have caused in the given case?

HYPOTHESIS:

A conviction is good under criminal law only when the offence is proved to be committed by the
offender beyond reasonable doubt as a wrong conviction may lead to loss of life and property by an
arbitrary process of law which is against Articles 14 and 21 of the Constitution. Section 27 ensures that a
due process of law is followed and therefore prevents a miscarriage of justice.

TENTATIVE CHAPTERIZATION:

1. RESEARCH METHODOLOGY
2. INTRODUCTION
3. FACTS OF THE CASE
4. PROCEEDINGS IN THE SUPREME COURT
5. THE JUDGMENT
6. ANALYSIS OF THE JUDGMENT

Arijit Kulkarni
Roll No.: A027
Third year BBA LLB (Hons)
Trimester: 7