Evidence -- Sniffer Dog Trail Without Panchnama Record and Examination of Dog Handler -- Not reliable to sustain conviction
(i) Evidence Act, 1872, S.3 -- Evidence -- Sniffer Dog Trail Without Panchnama Record -- Sniffer dog tracking evidence requires a complete and reliable record of the manner of tracking in the panchnama, supported by examination of the dog handler in court. Absence of such record, or discrepancy between the panchnama and the evidence of the handler, renders the tracking claim unreliable and inadmissible against the accused. (ii) Evidence Act, 1872, S.3 -- Evidence -- Testimony Based on Suspicion and Village Rumour -- Testimony of witnesses admitting no personal knowledge of the offence, and based only on suspicion, doubt, or village rumour, cannot constitute proof. Conviction resting on such material amounts to misappreciation of evidence and is unsustainable.
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