RAKESH Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) THE Indian Evidence Act, 1872 has three parts. Under the heading 'Relevance of Facts' Part -I contains sections which guide the court in determining as to which facts would be relevant at a trial to determine the facts in issue. Under the heading 'On Proof' Part -II contains sections which guide the court in determining how relevant facts or facts in issue have to be proved, and which would include documents. It contains provisions concerning presumptions pertaining to documents. Under the heading 'Production and Effect of Evidence' Part -III contains provisions which help the court in determining whether a burden cast on a party to prove a fact in issue has been discharged.

(2.) IT is Part -III of the Law of Evidence which calls for a clear noting of each and every relevant fact proved at the trial, for the reason such facts which are relevant and probabilize a fact in issue asserted by the one who affirms need to be weighed against each and every such relevant fact which deprobablizes a fact in issue. The court has to keep in mind each and every relevant fact proved while determining whether the incline has been crossed to reach the plateau of 'fact in issue being proved'.

(3.) THE learned Trial Judge has believed the ocular version deposed to by Rajesh Kumar PW -2 and Om Prakash PW -4.