Relaiblity

In this case the evidences on which the accused were convicted by the trail court are not reliable
which are observed by the trail court .

The first evidence is the media report and the interview of the bypasser and local people who
were around that area at the time of commission of crime this not a valid evidence . This show
that it is a hearsay evidence, According to Bentham the Hearsay Evidence means whatever a
person is heard to say... it includes... a statement made by a person , not called as witness and
a statement contained or recorded in any book, document or record which is not admissible.
Supreme court in Laxmi raj shetty and another v State of Tamil Nadu1 held that – “court can not
take judicial notice of the facts stated in a news item published in a news paper A news paper is
not one of the document referred in section 78(2) of evidence act by which an allegation of fact
can be proved ”.

1
1988 air 1274 para22