Ocular Witnesses Not Expected to Have Photographic Memory, Minor Inconsistencies Must Be Ignored: J&K High Court
8 months, 1 week ago

Ocular Witnesses Not Expected to Have Photographic Memory, Minor Inconsistencies Must Be Ignored: J&K High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has underscored that ocular witnesses are not expected to possess photographic memories capable of recalling every detail of an incident. Court's Observations: Upon scrutinising the evidence and testimonies Justice Dhar referenced several Supreme Court judgments to underline that witnesses cannot be expected to recall every detail of an incident with precision. This principle, the court said is supported by the Supreme Court in Balu Sudam Khalde vs. State of Maharashtra, which outlines that minor inconsistencies in a witness's testimony do not necessarily undermine their overall credibility. Deliberating on the substance in the injured witnesses who provide consistent accounts of the attack the court highlighted the need to consider the overall tenor of a witness's evidence, rather than focusing on minor discrepancies.

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History of this topic

S. 304 IPC | Andhra Pradesh High Court Sets Aside Conviction Upon Finding 'Glaring Inconsistencies' Between Ocular And Medical Evidence
1 year, 3 months ago

S. 304 IPC | Andhra Pradesh High Court Sets Aside Conviction Upon Finding 'Glaring Inconsistencies' Between Ocular And Medical Evidence

Live Law  

The Andhra Pradesh High Court has set aside a conviction under section 304 of the IPC upon finding that the trial court overlooked the 'glaring inconsistencies between the ocular/eyewitness testimony and medical evidence.' Ravindra Babu held: "Though the prosecution examined direct witnesses who alleged overt acts against the accused, but their ocular testimony has no corroboration from the medical evidence. …

S.311 CrPC Asserts Power Of Courts To Recall & Summon Witnesses Even After Closure Of Evidence In Criminal Proceedings: Jammu & Kashmir High Court
1 year, 11 months ago

S.311 CrPC Asserts Power Of Courts To Recall & Summon Witnesses Even After Closure Of Evidence In Criminal Proceedings: Jammu & Kashmir High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has recently reiterated that power of the court under Section 311 CrPC to recall any witness or witnesses already examined or to summon any witness can be invoked even if the evidence in both sides is closed, so long as the court retains seisin of the criminal proceedings. The High Court observed …

"Ring Of Truth" : Supreme Court Lays Down Principles For Appreciation Of Ocular Evidence In Criminal Case
2 years, 8 months ago

"Ring Of Truth" : Supreme Court Lays Down Principles For Appreciation Of Ocular Evidence In Criminal Case

Live Law  

The Supreme Court, in a judgment delivered in a criminal appeal, laid down principles for appreciation of ocular evidence in a criminal case.In assessing the value of the evidence of the eyewitnesses, two principal considerations are whether, in the circumstances of the case, it is possible to believe their presence at the scene of occurrence or in such situations as …

Witness Testimony Inconsistent With Medical Evidence : Supreme Court Alters Conviction For Murder
3 years, 4 months ago

Witness Testimony Inconsistent With Medical Evidence : Supreme Court Alters Conviction For Murder

Live Law  

The Supreme Court has converted the conviction of appellants from Murder to Voluntarily causing grievous hurt by dangerous weapons under the Indian Penal Code on the basis of inconsistencies between oral testimony of witnesses and medical evidence on record.A Bench of Justices L.Nageswara Rao and B.V.Nagarathna relied on Amar Singh v State of Punjab, wherein the. The Supreme Court has …

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