Can a Judge while passing judgement, take into account a defence evidence against the defendant?
Asked 10 months ago in Civil Law from IMPHAL, Manipur
Yes, before passing the judgment the court will consider all the relevant facts, evidence of the case. He is duty bound to consider the evidence filed by parties.
Advocate, New Delhi
The judge can take into account all evidence on record
Defence evidence is always considered just as plaintiff evidence. In defence evidence itself the defendant can blow apart the case of the plaintiff.
The court has to consider evidences and arguments put forth by both the prosecution as well as the defence side.
Therefore the court will consider the defence evidence if it is convincing.