Adverse Inference -- Defendant Not Entering Witness Box -- Not warranted where defence rests on undisputed document
Indian Evidence Act, 1872, S.114 -- Adverse Inference -- Defendant Not Entering Witness Box -- Not warranted where defence rests on undisputed document -- A defendant is not required to step into the witness box where the defence is based on an admitted or undisputed document already on record. The necessity to enter the witness box arises only when a new fact asserted by a party requires proof, and no adverse inference can be drawn for failure to testify where the relevant fact stands established by existing records.
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