Sole Witness's Testimony Can Form Basis Of Conviction And Sentence If It Is Wholly Reliable: Jharkhand High Court Reaffirms
3 months ago

Sole Witness's Testimony Can Form Basis Of Conviction And Sentence If It Is Wholly Reliable: Jharkhand High Court Reaffirms

Live Law  

In a recent judgement, the Jharkhand High Court has reiterated that a conviction and sentence can be based on the testimony of a solitary witness if it inspires confidence and is wholly reliable. Finding weight in the argument advanced on behalf of the appellants, the division bench of Justice Ananda Sen and Justice Gautam Kumar Choudhary observed, “I find weight in the argument advanced on behalf of the appellants that this is a case where the judgment of conviction and sentence cannot be returned on the basis of uncorroborated testimony of the informant. Law is settled that in a case where the testimony of the solitary witness inspires confidence and it is wholly reliable, it can be the basis for passing a judgment of conviction and sentence". Considering these conflicting and contradictory statements, the Court opined that “her solitary account cannot be relied upon without any other corroboration.” Accordingly, the Court set aside the judgment of conviction and the order of sentence.

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History of this topic

Victim's Solitary Evidence In Sexual Offences Not Sufficient For Conviction If Marred With Inconsistencies: Jammu & Kashmir High Court
1 month, 3 weeks ago

Victim's Solitary Evidence In Sexual Offences Not Sufficient For Conviction If Marred With Inconsistencies: Jammu & Kashmir High Court

Live Law  

While setting aside the conviction order passed by the trial court in a rape and abduction case, the Jammu and Kashmir & Ladakh High Court observed that the fact that Prosecutrix was aware of the place where she was kept after abduction and raped but never identified that place during the investigation assumes significance as material contradiction. The trial court …

'Prosecutrix's Testimony Doesn't Inspire Confidence' : Supreme Court Affirms Acquittal In Rape Case
2 months, 2 weeks ago

'Prosecutrix's Testimony Doesn't Inspire Confidence' : Supreme Court Affirms Acquittal In Rape Case

Live Law  

The Supreme Court, observed that in rape cases if a conviction is based on the sole evidence of a single witness, even that of the victim herself, such evidence should inspire confidence in the Court. But nevertheless when a person can be convicted on the testimony of a single witness the Courts are bound to be very careful in examining …

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 …

FIR Must Be Dispatched To Judicial Magistrate Within 24 Hours, But Delay Alone Not Sufficient To Dismiss Prosecution Case: Patna High Court
4 months, 1 week ago

FIR Must Be Dispatched To Judicial Magistrate Within 24 Hours, But Delay Alone Not Sufficient To Dismiss Prosecution Case: Patna High Court

Live Law  

The Patna High Court has recently observed that while an FIR must be dispatched to the nearest Judicial Magistrate within 24 hours, the prosecution's case cannot be dismissed solely on account of such a delay. A division bench comprising Justices Ashutosh Kumar and Jitendra Kumar emphasized, “We are conscious of the position of law that a recorded FIR ought to …

Patna High Court Acquits Rape Accused, Finds Victim's Testimony Unreliable
4 months, 1 week ago

Patna High Court Acquits Rape Accused, Finds Victim's Testimony Unreliable

Live Law  

The Patna High Court has acquitted an accused in a rape case, finding the victim's testimony to be unreliable. The Court noted that the victim's statement in court significantly differed from her initial written statement to the police, and there were serious contradictions in both her statement and her conduct, making her untrustworthy. As a result, the Court held that …

S.60 Indian Evidence Act | Person Who Has Seen Or Heard A Fact Can Be Said To Provide Direct Evidence: Jharkhand High Court
4 months, 2 weeks ago

S.60 Indian Evidence Act | Person Who Has Seen Or Heard A Fact Can Be Said To Provide Direct Evidence: Jharkhand High Court

Live Law  

The Jharkhand High Court has upheld the murder conviction of a constable, emphasising the reliability of direct evidence under Section 60 of the Evidence Act. His testimony is corroborated by the attending circumstance of the appellant being arrested soon after the incidence.” “Under Section 60 of the Evidence Act, a person who has seen or heard a fact, can be …

Quality of Evidence, Not Number of Witnesses, Determines Credibility in Jharkhand High Court Ruling
4 months, 3 weeks ago

Quality of Evidence, Not Number of Witnesses, Determines Credibility in Jharkhand High Court Ruling

Live Law  

The Jharkhand High Court has ruled that the credibility of a witness's testimony depends not on the number of witnesses but on the quality of evidence presented. The court observed that oral evidence must be evaluated within the context of surrounding circumstances, and noted that the primary witness, the informant's wife, is a natural witness as she was the daughter-in-law …

Rape Victim Testimony Not Vitiated By Mere Lack Of Medical Evidence But Courts Must Be On Guard Against False Implication Of Accused: Jharkhand HC
6 months, 2 weeks ago

Rape Victim Testimony Not Vitiated By Mere Lack Of Medical Evidence But Courts Must Be On Guard Against False Implication Of Accused: Jharkhand HC

Live Law  

The Jharkhand High Court has reiterated that sexual assaults, typically not occurring in public, do not necessitate corroboration in every instance. The court highlighted that unless a victim's testimony contains something significantly unusual, it should not be dismissed solely for lack of medical evidence. The division bench, led by Justices Ananda Sen and Gautam Kumar Choudhary, noted, “At the outset, …

Testimony Of Injured Witness Can Be Relied Upon Unless There Are Major Contradictions: Rajasthan High Court
9 months, 2 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 …

Prosecutrix's Testimony Concerning Factum Of Occurrence & Persons Involved Ought To Be Scrutinized Before Basing Conviction On It: J&K High Court
9 months, 3 weeks ago

Prosecutrix's Testimony Concerning Factum Of Occurrence & Persons Involved Ought To Be Scrutinized Before Basing Conviction On It: J&K High Court

Live Law  

Highlighting the importance of a consistent and credible narrative from the prosecutrix in rape cases the Jammu and Kashmir and Ladakh High Court has recently ruled that courts must undertake a rigorous scrutiny of a prosecutrix's testimony before reliance can be placed on it. Additionally, the investigating officer did not examine the victim's brother, who allegedly rescued her, or the …

No Bar In Law In Examining An Inimical, Interested Or Related Witness By A Party To Support His Case: Jharkhand High Court
9 months, 4 weeks ago

No Bar In Law In Examining An Inimical, Interested Or Related Witness By A Party To Support His Case: Jharkhand High Court

Live Law  

The Jharkhand High Court has observed that there is no bar in law in examining an inimical, interested, or related witness by a party to support his case. The division bench comprising Acting Chief Justice Shree Chandrashekhar and Justice Navneet Kumar, observed, “There is no bar in law in examining an inimical, interested or related witness by a party to …

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 …

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 …

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 …

Conviction Of Accused May Be Based On Statements Of Official Witnesses After Strict Scrutiny: Himachal Pradesh High Court
1 year, 4 months ago

Conviction Of Accused May Be Based On Statements Of Official Witnesses After Strict Scrutiny: Himachal Pradesh High Court

Live Law  

The Himachal Pradesh High Court has reiterated that evidence from official witnesses should not be doubted merely because of their official status and asserted that the presumption is that every witness is impartial and independent unless proven contrary. Statements of official witnesses can be the basis for the conviction of the accused; however, before basing conviction on the evidence of …

Criminality Cannot Be Fastened In Every Case For Mere Breach Of Contract: Jharkhand High Court
1 year, 6 months ago

Criminality Cannot Be Fastened In Every Case For Mere Breach Of Contract: Jharkhand High Court

Live Law  

While observing that not every dispute should culminate in criminal charges, especially when the underlying issue is fundamentally civil in nature, such as a breach of contract, the Jharkhand High Court quashed criminal proceedings against a petitioner in a case that involved allegations under Sections 406, 420, 379, and 120B of the Indian Penal Code Justice Sanjay Kumar Dwivedi observed, …

Rape Survivor's Testimony Not To Be Discredited For Delayed Disclosure If Otherwise Reliable: Kerala High Court
1 year, 8 months ago

Rape Survivor's Testimony Not To Be Discredited For Delayed Disclosure If Otherwise Reliable: Kerala High Court

Live Law  

The Kerala High Court recently observed that the evidence provided by a prosecutrix under Section 376 IPC should not be discredited merely because the sexual abuse began when she was a child but she did not disclose it until she was much older. A Division Bench of Justice P.B Suresh and Justice C.S Sudha added that the credibility of the …

Jammu & Kashmir High Court Sets Aside Rape Conviction After 17 Yrs, Says Non-Compliance With Section 313 CrPC Prejudiced Accused
1 year, 8 months ago

Jammu & Kashmir High Court Sets Aside Rape Conviction After 17 Yrs, Says Non-Compliance With Section 313 CrPC Prejudiced Accused

Live Law  

While setting aside a rape conviction handed down 17 years ago, the Jammu & Kashmir and Ladakh High Court highlighted a crucial failure on the part of the Trial Court to adhere to the mandatory procedure outlined in Section 313 of the Criminal Procedure Code. It emphasized that convicting the appellant-accused solely based on incriminating evidence, without providing an opportunity …

J&K&L High Court Orders Expeditious Trial In Nadimarg Kashmiri Pandit Massacre Case, Proceedings To Resume After A Decade
2 years, 4 months ago

J&K&L High Court Orders Expeditious Trial In Nadimarg Kashmiri Pandit Massacre Case, Proceedings To Resume After A Decade

Live Law  

The Jammu & Kashmir and Ladakh High Court on Saturday allowed a revision petition of J&K Police in the 2003 Nadimarg massacre case — the verdict means the trial which had abruptly halted more than a decade back can now resume.Justice Vinod Chatterji Koul in the judgment pronounced today afternoon ordered the trial court to take all necessary measures for …

Supreme Court Directs Jharkhand High Court To Expedite Hearing In Jharkhand Cattle Traders Lynching Case
2 years, 7 months ago

Supreme Court Directs Jharkhand High Court To Expedite Hearing In Jharkhand Cattle Traders Lynching Case

Live Law  

The Supreme Court has directed Jharkhand High Court to expedite the hearing in the Jharkhand cattle traders lynching case where two persons were killed.The bench comprising Justice B.R. The Supreme Court has directed Jharkhand High Court to expedite the hearing in the Jharkhand cattle traders lynching case where two persons were killed. The development came about after a Special Leave …

Consent Of Prosecutrix Not Vitiated When Her Doubts In Relationship Got Cemented With Lapse Of Time: Jharkhand High Court
2 years, 10 months ago

Consent Of Prosecutrix Not Vitiated When Her Doubts In Relationship Got Cemented With Lapse Of Time: Jharkhand High Court

Live Law  

The Jharkhand High Court recently held that the consent of the prosecutrix under Section 90 of the Indian Penal Code was not vitiated when her doubts in the relationship got cemented with the lapse of time. Setting aside the conviction of the accused under Section 376 of the Indian Penal Code, a Division Bench of Justices Rongon Mukhopadhyay and Rajesh …

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 …

Writ Court Can't Sit In Appeal Over Departmental Proceedings, Particularly When There Are Concurrent Findings On Charge: Jharkhand HC
3 years, 1 month ago

Writ Court Can't Sit In Appeal Over Departmental Proceedings, Particularly When There Are Concurrent Findings On Charge: Jharkhand HC

Live Law  

The Jharkhand High Court has recently reiterated that the writ court does not sit in appeal against the orders passed in departmental proceedings, particularly when there are concurrent findings concerning the proved charges. Referring to the precedent in Pravin Kumar v. Union of India, Justice Anubha Rawat Choudhary noted,"This Court finds that in the instant case the petitioner has not. …

Proving Case Beyond Reasonable Doubt Does Not Mean To Nitpick To Find Excuse To Obtain Acquittal: Supreme Court
3 years, 1 month ago

Proving Case Beyond Reasonable Doubt Does Not Mean To Nitpick To Find Excuse To Obtain Acquittal: Supreme Court

Live Law  

"The test which is applied of proving the case beyond reasonable doubt does not mean that the endeavour should be to nick pick and somehow find some excuse to obtain acquittal. ", the Supreme Court remarked in a judgment dismissing appeals filed by murder accused.Pappu Tiwari, Sanjay Ram, Uday Pal, Ajay Pal, Pintu Tiwari and Law Tiwari were convicted by …

Conviction Cannot Be Solely Based On Admissions Made By Accused In His Statement Under Section 313 CrPC: Bombay High Court
3 years, 3 months ago

Conviction Cannot Be Solely Based On Admissions Made By Accused In His Statement Under Section 313 CrPC: Bombay High Court

Live Law  

The Bombay High Court has said conviction cannot be solely based on the admissions made by the accused in his statement under Section 313 of the Criminal Procedure Code. A single judge bench of Justice Anuja Prabhudessai while acquitting two accused of possessing counterfeit currency in Mach 2016, said, "The prosecution having failed to establish the guilt of the accused …

Rape Conviction Can Be Based On Sole Testimony Of Victim If Credible & Trustworthy, Reiterates Supreme Court
3 years, 3 months ago

Rape Conviction Can Be Based On Sole Testimony Of Victim If Credible & Trustworthy, Reiterates Supreme Court

Live Law  

The Supreme Court reiterated that a rape accused can be convicted on sole testimony of prosecuterix if she is found to be credible and trustworthy.In this case, one of the contentions raised by the rape accused who was concurrently convicted under Section 375 of the Indian Penal Code was that the prosecution case rests solely on the deposition of the …

Mere Enmity Even If Proved Cannot Be A Ground To Discard Witness's Evidence: Kerala High Court
3 years, 8 months ago

Mere Enmity Even If Proved Cannot Be A Ground To Discard Witness's Evidence: Kerala High Court

Live Law  

Mere enmity, even if it is proved cannot be a ground to discard the evidence, if the such evidence is found to be reliable, the Kerala High Court observed while upholding conviction of an accused in a murder case on the basis of evidence given by his wife.In this case, one of the contentions raised by the accused was that …

SC Takes Exception to Chhattisgarh High Court's Verdict Mentioning Victim's Name in Rape Case
3 years, 8 months ago

SC Takes Exception to Chhattisgarh High Court's Verdict Mentioning Victim's Name in Rape Case

News 18  

The Supreme Court has taken exception to a judgement delivered by a sessions court in Chhattisgarh in which the rape victim's name was mentioned and said that all subordinate courts should be careful while dealing with such matters. The apex court said this in the order by which it rejected the plea filed by a convict who was challenging the …

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 …

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, …

Mere Contradictions In Witness' Statements Insufficient To Attract Perjury: Bombay HC [Read Judgment]
6 years, 1 month ago

Mere Contradictions In Witness' Statements Insufficient To Attract Perjury: Bombay HC [Read Judgment]

Live Law  

The High Court of Bombay has recently held that mere contractions in the statement of the witness cannot be the sole ground for conviction for perjury and the objectionable statements have to be perused as a whole to determine if the false statement was given willfully and knowingly.Justice S.M. The High Court of Bombay has recently held that mere contractions …

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 …

Conviction For Causing Disappearance Of Evidence Merely Because Of Failure To Inform Police About Crime Not Justified: SC [Read Judgment]
7 years, 1 month ago

Conviction For Causing Disappearance Of Evidence Merely Because Of Failure To Inform Police About Crime Not Justified: SC [Read Judgment]

Live Law  

The Supreme Court, in Dinesh Kumar Kalidas Patel v State of Gujarat, has held that a person cannot be convicted for causing disappearance of evidence merely because he failed to inform the police about the crime.The trial court had convicted a person for offences under Sections 498A and 201 of the Indian Penal Code, 1860. The Supreme Court, in Dinesh …

No Witness Examined Even After 3 Yrs & 23 Adjournments In Bail Matters: J’khand HC Judge Appalled At Justice System [Read Order]
7 years, 7 months ago

No Witness Examined Even After 3 Yrs & 23 Adjournments In Bail Matters: J’khand HC Judge Appalled At Justice System [Read Order]

Live Law  

Calls for report on mechanism to identify mistakes during probe, trial Observing that the Supreme Court had recently said that “criminal justice system in this country is on crossroad”, the Jharkhand High Court has said “Jharkhand is no exception” as it asked the Director General if there is any mechanism to identify mistakes committed during investigation and trial.“In. Calls for …

Conviction Can Be Based On The Solitary Evidence Of A Child Witness, If It Inspires Confidence: SC [Read Judgment]
7 years, 10 months ago

Conviction Can Be Based On The Solitary Evidence Of A Child Witness, If It Inspires Confidence: SC [Read Judgment]

Live Law  

In a Criminal Appeal decided on Friday, the Supreme Court bench of Justices L.Nageswara Rao and Navin Sinha, has confirmed the conviction of a woman for the murder of her husband, based on the testimony of her 12-year old son that he saw her presence in the room when his father was killed by two assassins, and that she asked …

Conviction Can Be Based On The Solitary Evidence Of A Child Witness, If It Inspires Confidence: SC [Read Judgment]
7 years, 10 months ago

Conviction Can Be Based On The Solitary Evidence Of A Child Witness, If It Inspires Confidence: SC [Read Judgment]

Live Law  

In a Criminal Appeal decided on Friday, the Supreme Court bench of Justices L.Nageswara Rao and Navin Sinha, has confirmed the conviction of a woman for the murder of her husband, based on the testimony of her 12-year old son that he saw her presence in the room when his father was killed by two assassins, and that she asked …

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 …

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