The case of Sawal Das v. State of Bihar, (1974) 4 SCC 193, is related to which rule of the law of…
Sawal Das applied section 6 of the Indian Evidence Act, 1872 (now section 4 of the Bharatiya Sakshya Adhiniyam, 2023) to witnesses’ accounts of the children’s…
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Answer and explanation
Correct answer D
Sawal Das applied section 6 of the Indian Evidence Act, 1872 (now section 4 of the Bharatiya Sakshya Adhiniyam, 2023) to witnesses’ accounts of the children’s contemporaneous cries during the killing of their mother. Those reactions were part of the same transaction and therefore relevant under the res gestae rule. Res judicata, estoppel and alibi are different doctrines. The judgment also discusses the prosecution’s burden of proof; that does not change the identified res gestae ruling.
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