Thursday, October 31, 2013

Experts Opinion and its admissibility and relevancy - Law of Evidence

Experts Opinion and its admissibility and relevancy - Law of Evidence
Value of expert opinion:-
The Expert evidence has two aspects ---
a) Data evidence  [it can’t be rejected if it is inconsistent to oral evidence]

b) Opinion evidence  [it is only an inference drawn from the data and it would not get precedence over the direct eye-witness testimony unless the inconsistency between the two is so great as to falsify the oral evidence] --[Arshad v. State of A.P. 1996 CrLJ 2893 (para34) (AP)]

Expert evidence is opinion evidence and it can’t take the place of substantive evidence. It is a rule of procedure that expert evidence must be corroborated either by clear direct evidence or by circumstantial evidence.

It is not safe to rely upon this type of evidence without seeking independent and reliable corroboration -- [S.Gopal Reddy v. State of A.P. AIR 1996 SC2184 (Para27)]

criminal lawyers in India
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