Eye-Witness lying on most material point renders testimony unreliable: Supreme Court[Read the Judgment]
10 years, 9 months ago

Eye-Witness lying on most material point renders testimony unreliable: Supreme Court[Read the Judgment]

Live Law  

A Supreme Court Bench comprising of Justice J.S. Khehar and Justice C. Nagappan today, setting aside the conviction of the accused, observed that eye-witnesses who deny the presence of injuries on the person of the accused are lying on most material point, and therefore, their evidence is unreliable. In this case, the enmity between the accused family and the deceased family, making the eye witnesses interested as well as inimical and hence and their denial of injuries on the person of accused, made their evidence unreliable. The Court quoted the 2005 Supreme Court judgment in Babulal Bhagwan Khandare and another v. State of Maharashtra which held: "Non-explanation of the injuries sustained by the accused at about the time of occurrence or in the course of altercation is a very important circumstance." Hence, the court observed that they are lying on a most material point, and therefore, their evidence is unreliable.

Supreme Court Evidence Court Accused Point Renders Most Material Point  evidence  conviction  justice  appellants  injuries  material  testimony  courtread  court  accused  observed  point  renders  occurrence  unreliable  eyewitness  lying  supreme  judgment

History of this topic

Testimony Of Witness Shouldn't Be Discarded Merely Because Of Relation With Victim : Supreme Court
Trending News
2 months, 1 week ago

Testimony Of Witness Shouldn't Be Discarded Merely Because Of Relation With Victim : Supreme Court

Live Law  

The Supreme Court observed that being a victim's close relative does not automatically make a witness “interested” or biased. Distinguishing between an interested witness and a relative witness, the Court said: “The term "interested" refers to witnesses who have a personal stake in the outcome, such as a desire for revenge or to falsely implicate the accused due to enmity …

Testimony Of Witness Shouldn't Be Discarded Merely Because Of Relation With Victim : Supreme Court
Trending News
2 months, 1 week ago

Testimony Of Witness Shouldn't Be Discarded Merely Because Of Relation With Victim : Supreme Court

Live Law  

The Supreme Court observed that being a victim's close relative does not automatically make a witness “interested” or biased. Distinguishing between an interested witness and a relative witness, the Court said: “The term "interested" refers to witnesses who have a personal stake in the outcome, such as a desire for revenge or to falsely implicate the accused due to enmity …

Medical Testimony Not Merely Corroborative But Independent Evidence, May Establish Facts Apart From Other Oral Evidence: J&K High Court
3 months, 3 weeks ago

Medical Testimony Not Merely Corroborative But Independent Evidence, May Establish Facts Apart From Other Oral Evidence: J&K High Court

Live Law  

Highlighting the critical role of medical evidence in criminal trials, the Jammu and Kashmir and Ladakh High Court has observed, that the evidence of a medical witness is very crucial to corroborate the case of prosecution and it is not merely a check upon testimony of eyewitnesses as it is also independent testimony because it may establish certain facts, quite …

Testimony Of Injured Witness Can Be Relied Upon Unless There Are Major Contradictions: Rajasthan High Court
9 months, 3 weeks ago

Testimony Of Injured Witness Can Be Relied Upon Unless There Are Major Contradictions: Rajasthan High Court

Live Law  

The Rajasthan High Court has reiterated that the testimony of an injured witness cannot be discarded merely because of minor discrepancies since he is not likely to spare the actual assailant in order to falsely implicate someone else. The bench of Justice Sudesh Bansal thus observed that the testimony of an injured witness is accorded a special status in law …

Absence Of Motive Becomes Less Significant When Prosecution Relies On Strong Eyewitness Account: J&K High Court
10 months ago

Absence Of Motive Becomes Less Significant When Prosecution Relies On Strong Eyewitness Account: J&K High Court

Live Law  

Underscoring the principle that the absence of a proven motive can be inconsequential if the eyewitness testimony is credible the Jammu and Kashmir and Ladakh High Court has clarified that the absence of motive becomes less significant when the prosecution relies on a strong eyewitness account. Meticulously examining the prosecution's evidence the bench noted several critical shortcomings key among these …

Supreme Court Refuses To Set Aside Murder Conviction Merely Because Of Mismatch Between Doctor's Evidence & Ocular Evidence
1 year, 1 month ago

Supreme Court Refuses To Set Aside Murder Conviction Merely Because Of Mismatch Between Doctor's Evidence & Ocular Evidence

Live Law  

The Supreme Court recently upheld the conviction in a murder case observing that the ocular evidence given by the eye witness can't be discredited merely because the expert opinion supplied by the doctor suggests the use of different weapons in causing injuries.Setting aside the concurrent findings of the High Court and Trial Court, the Bench of Justices Abhay S. Oka …

Testimony Of Sole Eyewitness Who Is The Complainant Needs Examination With Great Caution : Supreme Court
1 year, 3 months ago

Testimony Of Sole Eyewitness Who Is The Complainant Needs Examination With Great Caution : Supreme Court

Live Law  

Recently, the Supreme Court, observed that in a case where the appellant/complainant was an interested sole eyewitness being the father of the deceased and had long enmity with the accused persons, his testimony has to be examined with great caution. The Bench of Justices Abhay S. Oka and Pankaj Mithal made these observations while affirming the impugned order of the …

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. …

Contradiction On Case's Crucial Aspects Totally Discredits Witness Statement, Makes It Unreliable: Jammu & Kashmir High Court
1 year, 4 months ago

Contradiction On Case's Crucial Aspects Totally Discredits Witness Statement, Makes It Unreliable: Jammu & Kashmir High Court

Live Law  

The Jammu & Kashmir and Ladakh High Court has recently observed that the successful contradiction of a witness's statement on crucial aspects of a case would totally discredit their account and render it unreliable and untrustworthy. A bench of Justice Sanjay Dhar observed: “It is true that even if defence is successful in contradicting a witness, it would not always …

Sterling Witness Should Be Of High Quality Whose Version Is Unassailable: Supreme Court
1 year, 5 months ago

Sterling Witness Should Be Of High Quality Whose Version Is Unassailable: Supreme Court

Live Law  

The Supreme Court recently held that the evidence of an eye-witness should be of very sterling quality and caliber and it should not only instill confidence in the court to accept the same but it should also be a version of such nature that can be accepted at its face value. The Court relied on Rai Sandeep @ Deepu alias …

Evidence Of Injured Witness Has Greater Evidentiary Value, Their Statements Can’t Be Discarded Lightly: Supreme Court
1 year, 11 months ago

Evidence Of Injured Witness Has Greater Evidentiary Value, Their Statements Can’t Be Discarded Lightly: Supreme Court

Live Law  

While dismissing the appeal pleas of two murder convicts, the Supreme Court of India reiterated certain important principles on the appreciation of oral evidence of injured eye witnesses during the trial stage. “The evidence of injured witness has greater evidentiary value and unless compelling reasons exist, their statements are not to be discarded lightly”, a Bench of Justices Sudhanshu Dulia …

Testimony Of A Witness In A Criminal Trial Cannot Be Discarded Merely Because Of Minor Contradictions Or Omissions: Supreme Court
2 years, 11 months ago

Testimony Of A Witness In A Criminal Trial Cannot Be Discarded Merely Because Of Minor Contradictions Or Omissions: Supreme Court

Live Law  

The Supreme Court observed that the testimony of a witness in a criminal trial cannot be discarded merely because of minor contradictions or omissions.The bench comprising CJI NV Ramana, Justices Krishna Murari and Hima Kohli also observed that medical evidence adduced by the prosecution has great corroborative value.The court was considering appeals filed against the Patna High Court. The court …

Murder Trial - Injured Witness's Evidence Not At A Higher Pedestal In A Case Of Private Defence Where The Accused Also Injured: Supreme Court
3 years, 4 months ago

Murder Trial - Injured Witness's Evidence Not At A Higher Pedestal In A Case Of Private Defence Where The Accused Also Injured: Supreme Court

Live Law  

The Supreme Court has held that the principle that the evidence of an injured witness has to be placed at a higher pedestal may not apply to a case of private defence when the accused is also injured. Private Defence Reiterating the ingredients to establish private defence, the Court placed reliance on Lakshmi Singh v. State of Bihar 4 SCC …

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 …

Mere Delay In Recording Eye Witnesses' Statement By Itself Not A Ground To Reject Their Testimonies: Supreme Court
3 years, 5 months ago

Mere Delay In Recording Eye Witnesses' Statement By Itself Not A Ground To Reject Their Testimonies: Supreme Court

Live Law  

The Supreme Court observed that a delay in recording the statements of eye-witnesses by itself cannot result in rejection of their testimonies.If the witnesses felt terrorised and frightened and did not come forward for some time, the delay in recording their statements stood adequately explained, the bench of Justices Uday Umesh Lalit, S. Ravindra Bhat and Bela M. Trivedi observed.In …

Conviction Can Be Based On Sole Eye Witness Testimony Only If He Is Wholly Reliable, Reiterates SC [Read Judgment]
4 years, 5 months ago

Conviction Can Be Based On Sole Eye Witness Testimony Only If He Is Wholly Reliable, Reiterates SC [Read Judgment]

Live Law  

The Supreme Court has observed that conviction can be based on the testimony of a single eye witness so long he is found to be wholly reliable.The bench comprising Justices Sanjay Kishan Kaul, Aniruddha Bose and Krishna Murari observed thus while setting aside concurrent conviction of murder accused observing that the conduct of the sole testimony of one eye witness …

'Witness Not Expected To Have Photographic Memory, Variations In Facts/Improvements Natural In Depositions': P & H HC [Read Order]
4 years, 8 months ago

'Witness Not Expected To Have Photographic Memory, Variations In Facts/Improvements Natural In Depositions': P & H HC [Read Order]

Live Law  

The Punjab and Haryana High Court has asserted that in a criminal case,"one cannot be expected to have an eidetic/photographic memory" and that "slight changes in the facts or alleged improvements are bound to happen, being natural". Word of caution: Statutory Presumption in section 29, POCSO Act is still a rebuttable presumption The bench noted that Section 29 of the …

Delhi HC Sets Aside Conviction In Murder Case Observing That Testimony Of Sole Eye Witness Wasn't Reliable [Read Judgment]
5 years ago

Delhi HC Sets Aside Conviction In Murder Case Observing That Testimony Of Sole Eye Witness Wasn't Reliable [Read Judgment]

Live Law  

The Delhi High Court on Thursday set aside the conviction order of three convicts in a murder case dating back to 1998, while holding that the testimony of the sole eye-witness based on which the trial court had convicted them was not reliable. The judgment rendered by a division bench comprising of Justice C Hari Shankar and Justice Siddharth Mridul, …

Injured Witness Should Be Relied Upon But For Major Contradictions & Discrepancies In His Evidence: Reiterates Patna HC
5 years, 5 months ago

Injured Witness Should Be Relied Upon But For Major Contradictions & Discrepancies In His Evidence: Reiterates Patna HC

Live Law  

The Patna High Court on Wednesday reiterated that evidentiary value of an injured witness carries greater weight and the same may be relied upon unless there are major contradictions in his statements. In this view, the high court refused to interfere with the order of conviction passed by the trial court, whereby it had imposed imprisonment of seven years on …

Eye Witnesses’ Evidence Can’t Be Doubted On The Ground That They Made No Attempts To Save The Deceased: SC [Read Judgment]
6 years, 8 months ago

Eye Witnesses’ Evidence Can’t Be Doubted On The Ground That They Made No Attempts To Save The Deceased: SC [Read Judgment]

Live Law  

‘On witnessing a crime, each person reacts in his own way and their evidence cannot be doubted on the ground that the witness has not acted in a particular manner.’While affirming conviction in a murder case, the Supreme Court in Motiram Padu Joshi v. State Of Maharashtra, reiterated that evidence of the eye witnesses cannot be doubted on the ground …

Influence Of Bias In Testimony Of Interested Witnesses Should Never Be Overlooked: SC [Read Judgment]
6 years, 11 months ago

Influence Of Bias In Testimony Of Interested Witnesses Should Never Be Overlooked: SC [Read Judgment]

Live Law  

Under such influences, man will, even though not consciously, suppress some facts, soften or modify others, and provide favorable color, the bench said.The Supreme Court, in Bhaskarrao vs. State of Maharashtra, while acquitting 14 persons accused in a murder case, observed that influence of bias in the testimonies of witnesses having a strong interest in the result of a case, …

Delay In Recording Witnesses’ Statements Can Be Fatal For Prosecution Case: SC [Read Judgment]
8 years, 5 months ago

Delay In Recording Witnesses’ Statements Can Be Fatal For Prosecution Case: SC [Read Judgment]

Live Law  

The Supreme Court in Harbeer Singh Vs. Sheeshpal, has observed that delay in recording of statements of the prosecution witnesses under Section 161 CrPC., although those witnesses were or could be available for examination when the Investigating Officer visited the scene of occurrence or soon thereafter, would cast a doubt upon the prosecution case.A bench comprising Justice Pinaki Chandra. The …

Discover Related