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

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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 of the deceased and the place of occurrence was close to their house on the rear side. The court found no flaws in the trial court's judgment and sentencing, ultimately dismissing the criminal appeal.

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History of this topic

Sole Witness's Testimony Can Form Basis Of Conviction And Sentence If It Is Wholly Reliable: Jharkhand High Court Reaffirms
3 months, 1 week 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 …

Oral Testimony Of General Witness About Nature Of Injury Sans Medical Evidence/ Expert Opinion Insufficient To Prove Homicidal Death: Patna HC
3 months, 1 week ago

Oral Testimony Of General Witness About Nature Of Injury Sans Medical Evidence/ Expert Opinion Insufficient To Prove Homicidal Death: Patna HC

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The Patna High Court has recently upheld the acquittal of three women accused of murder, while ruling that oral testimony of general witnesses regarding nature of injury suffered by the deceased is insufficient to establish homicidal death. But there is no such medical evidence on record and hence, the prosecution has failed to prove beyond reasonable doubts the homicidal death …

Medical Testimony Not Merely Corroborative But Independent Evidence, May Establish Facts Apart From Other Oral Evidence: J&K High Court
3 months, 4 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 …

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, 3 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

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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 …

'Witnesses Cannot Be Expected To Present Parrot-Like Version Before Trial Court': Punjab & Haryana High Court Upholds Conviction In Murder Case
10 months ago

'Witnesses Cannot Be Expected To Present Parrot-Like Version Before Trial Court': Punjab & Haryana High Court Upholds Conviction In Murder Case

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The Punjab & Haryana High Court has upheld the conviction in a murder case observing that the witnesses cannot be expected to present parrot-like version to the Trial Court.The Court rejected the "various inconsistencies appearing in the testimonies" of witnesses contended by the accused.Justice Gurvinder Singh Gill and Justice N.S. The Punjab & Haryana High Court has upheld the conviction …

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

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

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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 …

'Yawning Gap In Evidence' : Supreme Court Finds Conviction Wrong In 2004 Murder Case; Sets Aside Concurrent Findings Of HC & Trial Court
1 year, 2 months ago

'Yawning Gap In Evidence' : Supreme Court Finds Conviction Wrong In 2004 Murder Case; Sets Aside Concurrent Findings Of HC & Trial Court

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The Supreme Court has observed that when the prosecution case is solely based on the circumstantial evidence, then the courts must be vigilant while examining the facts proving the circumstantial evidence i.e., it must be consistent with the hypothesis of the guilt of the accused and should be free from doubts, improbabilities and inconsistencies. Reversing the concurrent findings of the …

Conviction Of Accused May Be Based On Statements Of Official Witnesses After Strict Scrutiny: Himachal Pradesh High Court
1 year, 5 months ago

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

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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 …

Court Can Draw Adverse Inference Against Prosecution For Non-Examination Of Material Witness: Patna High Court Acquits Life Convicts
1 year, 5 months ago

Court Can Draw Adverse Inference Against Prosecution For Non-Examination Of Material Witness: Patna High Court Acquits Life Convicts

Live Law  

In a significant legal development, the Patna High Court, acquitted the accused persons in a murder case, setting aside their conviction. One of the primary issues before the Court was whether the non-examination of material witnesses, namely Rahul Paswan, Ghamri Ansari, and Sanju Singh, who had assisted the informant in rescuing the deceased from the pond and were alleged to …

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

Proving Case Beyond Reasonable Doubt Does Not Mean To Nitpick To Find Excuse To Obtain Acquittal: Supreme Court
3 years, 2 months 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 …

Injured Witness Should Be Relied Upon But For Major Contradictions & Discrepancies In His Evidence: Reiterates Patna HC
5 years, 5 months ago

Injured Witness Should Be Relied Upon But For Major Contradictions & Discrepancies In His Evidence: Reiterates Patna HC

Live Law  

The Patna High Court on Wednesday reiterated that evidentiary value of an injured witness carries greater weight and the same may be relied upon unless there are major contradictions in his statements. In this view, the high court refused to interfere with the order of conviction passed by the trial court, whereby it had imposed imprisonment of seven years on …

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 …

Prosecutrix in a Rape Case – Evaluation of Evidence – Part IV
10 years, 8 months ago

Prosecutrix in a Rape Case – Evaluation of Evidence – Part IV

Live Law  

In State of Himachal Pradesh vs. Asha Ram, Asha Ram was tried on the charge of committing rape on one of his daughters, and convicted and sentenced by the trial court. Pandey, the Supreme Court observed that in a case of rape, absence of explanation for delayed lodging of FIS would not affect the appreciation of evidence. Delay in forwarding …

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