[NDPS] Lack Of Independent Witness Not Fatal ; Police Officer's Testimony Shall Be Scrutinized With Greater Care: Supreme Court [Read Judgment]
4 years, 1 month ago

[NDPS] Lack Of Independent Witness Not Fatal ; Police Officer's Testimony Shall Be Scrutinized With Greater Care: Supreme Court [Read Judgment]

Live Law  

The Supreme Court has reiterated that, in NDPS cases, lack of independent witnesses are not fatal to the prosecution cases.The bench comprising Justices NV Ramana, Surya Kant and Hrishikesh Roy observed that, in such cases, the Courts have to adopt a greater degree of care while scrutinising the testimonies of the police officers. The Supreme Court has reiterated that, in NDPS cases, lack of independent witnesses are not fatal to the prosecution cases. The bench comprising Justices NV Ramana, Surya Kant and Hrishikesh Roy observed that, in such cases, the Courts have to adopt a greater degree of care while scrutinising the testimonies of the police officers. In this case, the Trial Court while acquitting the accused, held that no independent witness supported the prosecution case and that the testimonies of the star police witnesses were contradictory.

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History of this topic

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

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 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 …

Minor Contradictions Can Not Be A Ground To Discredit Witnesses' Testimony In Criminal Trial, Reiterates Supreme Court
3 years, 7 months ago

Minor Contradictions Can Not Be A Ground To Discredit Witnesses' Testimony In Criminal Trial, Reiterates Supreme Court

Live Law  

The Supreme Court reiterated that minor contradictions can not be a ground to discredit the testimony of the witnesses in a criminal trial.The court was considering an appeal filed by the accused who were convicted for the offences under Section 302 read with 34, IPC and Section 135 of the Bombay Police Act. The Supreme Court reiterated that minor contradictions …

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