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

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

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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 or personal gain. Regarding inconsistency in statements and the medical report, the Court said that if the eyewitness' version inspires confidence, the same is sufficient for the accused's conviction. The Trial Court's acquittal of the accused not only undermined the credibility of the justice system but also sent a troubling message about the consequences of such heinous acts.” In view of this, the Court upheld the High Court's judgment and concluded that the evidence produced clearly established the accused's guilt beyond a reasonable doubt.

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

Victim's Close Relative Not Likely To Foist An Innocent, Can't Be Disregarded Merely By Levelling Them As 'Interested Witnesses': MP High Court
9 months, 3 weeks ago

Victim's Close Relative Not Likely To Foist An Innocent, Can't Be Disregarded Merely By Levelling Them As 'Interested Witnesses': MP High Court

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Madhya Pradesh High Court has recently observed that a close relative would be likely to present the actual story of the incident instead of hiding the actual culprit and foisting the crime on an innocent person. The single judge bench of Justice Prem Narayan Singh was explaining why the testimonies of close relatives shouldn't be disregarded automatically by compartmentalising them …

Contradiction In Witness's Statements To Police And In Trials Won’t Affects Their Credibility
1 year, 4 months ago

Contradiction In Witness's Statements To Police And In Trials Won’t Affects Their Credibility

Live Law  

The Supreme Court recently observed that a witness will not stand totally discredited merely because the testimony given during the trial contradicted the earlier statement given to the police. "No doubt statement given before police during investigation under Section 161 are “previous statements” under Section 145 of the Evidence Act and therefore can be used to cross examine a witness. …

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

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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 …

Testimonies Of Related/Interested Witnesses Have To Be Scrutinized With Greater Care And Circumspection : Supreme Court
2 years, 5 months ago

Testimonies Of Related/Interested Witnesses Have To Be Scrutinized With Greater Care And Circumspection : Supreme Court

Live Law  

When the witnesses are related/interested, their testimonies have to be scrutinized with greater care and circumspection, the Supreme Court observed while acquitting accused in a murder case.Jabbar Ali and others were convicted by the Trial Court under Section 302 IPC and the Gauhati High Court had dismissed their appeals.Before the Apex Court, the appellants mainly contended that the. When the …

"Relationship No Factor To Affect Credibility Of A Witness" : Allahabad High Court Upholds Conviction U/S 304 (II) IPC In A 1981 Case
2 years, 6 months ago

"Relationship No Factor To Affect Credibility Of A Witness" : Allahabad High Court Upholds Conviction U/S 304 (II) IPC In A 1981 Case

Live Law  

The Allahabad High Court last week upheld the conviction of a man under Section 304 of the IPC who was sentenced to three years rigorous imprisonment under Section 304 of the IPC for committing culpable homicide not amounting to murder in the year 1981.Stressing that relationship is not a factor to affect credibility of a witnes, the bench of Justice …

Evidence Of Witnesses Cannot Be Discarded Merely Because They Were Relatives Of Deceased Victim: Supreme Court
3 years ago

Evidence Of Witnesses Cannot Be Discarded Merely Because They Were Relatives Of Deceased Victim: Supreme Court

Live Law  

The Supreme Court reiterated that evidence of witnesses cannot be discarded merely because they were the relatives of the deceased victim.Eleven accused were tried together in a murder case. The trial Court convicted three accused for the offences under Sections 148 & 302 IPC and acquitted others. The Supreme Court reiterated that evidence of witnesses cannot be discarded merely because …

Hostile Witness's Credible Evidence Can Form Basis For Conviction In Criminal Trial: Supreme Court
3 years, 3 months ago

Hostile Witness's Credible Evidence Can Form Basis For Conviction In Criminal Trial: Supreme Court

Live Law  

The Supreme Court observed that credible evidence even of a hostile witnesses can form the basis for conviction in a criminal trial.Even if the witnesses have turned hostile, their evidence can be accepted, if they are natural and independent witnesses and have no reason to falsely implicate the accused, the three judges bench headed by Justice L. Nageswara Rao said.The …

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, 3 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 Enmity Even If Proved Cannot Be A Ground To Discard Witness's Evidence: Kerala High Court
3 years, 7 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 …

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

Examination Of Witnesses In The Absence Of Accused Is A Curable Irregularity: SC [Read Judgment]
5 years, 11 months ago

Examination Of Witnesses In The Absence Of Accused Is A Curable Irregularity: SC [Read Judgment]

Live Law  

Absence of the accused while taking evidence of prosecution witnesses, by itself, would not vitiate the trial, unless great prejudice has caused to the accused, the Supreme Court has held, while upholding a High Court judgment which ordered fresh trial in a murder case. The bench comprising of Justice Uday Umesh Lalit and Justice Indu Malhotra was considering an appeal …

Relation Of Witnesses To Deceased By Marriage Not Enough To Reject Their Testimony: SC [Read Judgment]
7 years, 10 months ago

Relation Of Witnesses To Deceased By Marriage Not Enough To Reject Their Testimony: SC [Read Judgment]

Live Law  

It may only call for greater scrutiny and caution in consideration of the evidence, the bench said.The fact that the witness may be related to the deceased by marriage, cannot be sufficient reason to classify him as a related and interested witness to reject his testimony, the Supreme Court has observed while dismissing the appeals in a murder case.The wife …

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 …

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