Minor variations can’t shake eyewitness version: Supreme Court
11 years, 11 months ago

Minor variations can’t shake eyewitness version: Supreme Court

The Hindu  

The Supreme Court on Monday upheld the life imprisonment awarded to three persons involved in the 1984 anti-Sikh riots, ruling that witnesses’ evidence could not be brushed aside just because there were minor contradictions. “Further, relationship cannot be a factor to affect the credibility of a witness.” It was not a solitary episode as alleged but many such incidents occurred in almost all parts of the country, especially in Delhi where many innocent persons of a community were murdered and their property was looted following the assassination of the Prime Minister on October 31, 1984, said Justice Eqbal, writing the judgment. Complainant Harjit Kaur’s husband Rajeender Singh and father-in-law Sardool Singh, who had taken shelter in the house of Dr. Harbir Sharma, were set ablaze and the half-burnt bodies put in gunny bags. Rejecting this contention, the Bench said that in a case of murder, “it is well settled that discovery of the body of a victim has never been considered the only mode of proving corpus delicti.” In fact, there were very many cases such as the present one wherein discovery of the body was impossible, especially when members of a particular community were murdered in a violent mob attack in different places and the offenders tried to remove the bodies and also looted articles.

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