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Balwant Ram vs. State of Rajasthan & Anr.

48.00 4.80

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Evidence Act, 1872–Sec. 65–Application by the prosecution for taking the photocopy of the site plan of place of incident as the original inspection memo was not traceable–Allowed–As per provisions of Sec. 65(c), when the original was lost or destroyed, or when the party offering evidence of its contents cannot, for any other reason not arising from his own default or neglect, produce, it in the reasonable time, the secondary evidence is admissible–Document fulfills the conditions as prescribed u/s. 65(c) because it was stated that the original document in the SDM office is missing–Further, the petitioner would get the opportunity of cross-examination of witnesses and no prejudice would be caused to him–Held, no case is made out for interference.