Fri. Apr 23rd, 2021

Jitender vs State (N.C.T) Of Delhi on 31 May, 2017

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35.Black’s Law Dictionary defines res gestae as follows:
“(Latin: ‘things done’) The events at issue, or other events
contemporaneous with them. In evidence law, words and
statements about the res gestae are usually admissible under
a hearsay exception (such as present sense impression or
excited utterance).”
36. The said evidence thus becomes relevant and admissible as res
gestae under Section 6 of the Act.
37. Section 6 of the Act has an exception to the general rule
whereunder hearsay evidence becomes admissible. But as for
bringing such hearsay evidence within the ambit of Section 6, what
is required to be established is that it must be almost
contemporaneous with the acts and there could not be an interval
which would allow fabrication. In other words, the statements said
to be admitted as forming part of res gestae must have been made
contemporaneously with the act or immediately thereafter.
Admittedly, the prosecutrix had met her mother Narayani and
sister soon after the occurrence, thus, they could have been the
best res gestae witnesses, still the prosecution did not think it
proper to get their statements recorded. This shows the negligent
and casual manner in which the prosecution had conducted the

Crl.A. 401/2016 Page 5 of 8
investigation, then the trial. This lacunae has not been explained
by the prosecution. The prosecution has not tried to complete this
missing link so as to prove it, beyond any shadow of doubt, that it
was the appellant who had committed the said offences.”

Source: Indian Kanoon

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