Absence Of Motive Becomes Less Significant When Prosecution Relies On Strong Eyewitness Account: J&K High Court
6 months, 3 weeks 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 was the credibility of Maqsood Ahmed, described as a "chance witness" who had coincidentally been at the scene. Justice Dhar found Ahmed's testimony unreliable due to his inconsistent behaviour such as not immediately aiding his injured relative and not reporting the incident promptly to the authorities or anyone else. Further, the court observed that the investigating officer, who had recorded Gulzar Ahmed's statement implicating the appellants, failed to testify and added, “It was incumbent upon the SHO to step into the witness box and prove the statement of the injured recorded by him, particularly because during the trial of the case, the injured had passed away.

High Court Prosecution Witness Testimony Sho Ahmed Eyewitness Dhar Justice Dhar Motive Maqsood Ahmed  motive  witness  testimony  eyewitness  jk  prosecution  dhar  account  strong  injured  high  court  significant  relies  ahmed  appellants

History of this topic

Sole Witness's Testimony Can Form Basis Of Conviction And Sentence If It Is Wholly Reliable: Jharkhand High Court Reaffirms
1 day, 2 hours ago

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

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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 …

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

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

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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 …

'Major Contradictions In Statements Of Police/ Eyewitnesses': Allahabad HC Acquits 3 Murder Accused In 23 Year Old Case
4 months, 3 weeks ago

'Major Contradictions In Statements Of Police/ Eyewitnesses': Allahabad HC Acquits 3 Murder Accused In 23 Year Old Case

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The Allahabad High Court on Monday set aside the conviction and acquitted three men who were sentenced to life imprisonment for committing the offence of murder after noting that there were significant contradictions in the statements of eyewitnesses and police witnesses. “Considering the evidence and other material on record in its entirety, we are of the view that the learned …

Chain Of Circumstances Must Unerringly Point Towards Guilt Of Accused: Patna High Court Sets Aside Rape And Murder Conviction
10 months, 3 weeks ago

Chain Of Circumstances Must Unerringly Point Towards Guilt Of Accused: Patna High Court Sets Aside Rape And Murder Conviction

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The Patna High Court has overturned a judgment of conviction and order of sentence under the Protection of Children from Sexual Offences Act, while stressing the importance of establishing a clear and unerring chain of circumstances pointing unequivocally to the guilt of the accused. The division bench of Justices Alok Kumar Pandey and Ashutosh Kumar underscored, "We can test the …

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

Evidence Of Injured Witness Has Greater Evidentiary Value, Their Statements Can’t Be Discarded Lightly: Supreme Court
1 year, 8 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 …

Deep Appreciation Of Facts Not Required At Stage Of Framing Charges: J&K&L High Court
2 years, 4 months ago

Deep Appreciation Of Facts Not Required At Stage Of Framing Charges: J&K&L High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court recently observed that while considering a case for charge or discharge of an accused, the court is not required to enter into deeper appreciation of the facts. At the stage of framing of charge, the court has only to consider the material for framing opinion as to whether prima facie offence is …

[41 Yr Old Murder Case] Testimony Of Sole Eyewitness Not Reliable: Allahabad HC Sets Aside Convict's Life Sentence
2 years, 10 months ago

[41 Yr Old Murder Case] Testimony Of Sole Eyewitness Not Reliable: Allahabad HC Sets Aside Convict's Life Sentence

Live Law  

The Allahabad High Court on Friday set aside the life sentence of a murder convict in a case that dates back to the year 1980, after concluding that the testimony of the sole eye witness in the case isn't reliable. Court's observations Since PW-2 was the sole eyewitness of the incident, the Court had to examine his testimony in-depth. Now, …

Conviction Can Be Based On Sole Eye Witness Testimony Only If He Is Wholly Reliable, Reiterates SC [Read Judgment]
4 years, 2 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 …

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