Mechanical Rejection Of Testimony Of Related Witness Would Lead To Failure Of Justice: Allahabad HC [Read Judgment]
7 years, 9 months ago

Mechanical Rejection Of Testimony Of Related Witness Would Lead To Failure Of Justice: Allahabad HC [Read Judgment]

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The Allahabad High Court, in the case of Abdul Azad vs State Of UP, has held that the testimony of a witness cannot be rejected merely because the witness happens to be a blood relative.In this case, Abdul Azad, the appellant, preferred an appeal against his conviction under Section 302 of IPC, Section 7 of Criminal Law Amendment Act and sections 25 and 27 of the IPC.An issue before the court. The Allahabad High Court, in the case of Abdul Azad vs State Of UP, has held that the testimony of a witness cannot be rejected merely because the witness happens to be a blood relative. In this case, Abdul Azad, the appellant, preferred an appeal against his conviction under Section 302 of IPC, Section 7 of Criminal Law Amendment Act and sections 25 and 27 of the IPC. A bench comprising Justice Prabhat Chandra Tripathi and Justice Bharat Bhushan noted that a mechanical rejection of testimonies would amount to a failure of justice and that an otherwise trustworthy testimony cannot be rejected, merely because the testator shares a blood relation.

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History of this topic

Attempt To Murder Case: Allahabad High Court Delivers Split Verdict In Appeal Against Acquittal Of Rebel SP MLA
3 months ago

Attempt To Murder Case: Allahabad High Court Delivers Split Verdict In Appeal Against Acquittal Of Rebel SP MLA

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The Allahabad High Court on Friday delivered a split verdict in an appeal filed against the acquittal of rebel Samajwadi Party MLA Abhay Singh in connection with the 2010 attempt-to-murder case. While Justice Attau Rahman Masoodi sentenced five of the accused, including Abhay Singh, to three years of imprisonment in connection with the 2010 case, Justice Ajai Kumar Srivastava-I, on …

Prosecution's Case 'Must Be Proved Beyond Reasonable Doubts' & Not Merely 'May Be Proved': Allahabad HC Upholds Acquittal Of 6 In 'Riots' Case
4 months, 2 weeks ago

Prosecution's Case 'Must Be Proved Beyond Reasonable Doubts' & Not Merely 'May Be Proved': Allahabad HC Upholds Acquittal Of 6 In 'Riots' Case

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While upholding the acquittal of 6 men accused of rioting and assaulting police personnel in Jhansi's Babina district in 2008, the Allahabad High Court recently observed that it is a well-established principle that the prosecution's case 'must be proved beyond reasonable doubts' and not merely 'may be proved'. A bench of Justice Rajiv Gupta and Justice Surendra Singh-I also observed …

Testimony Of Injured Witness Can Be Relied Upon Unless There Are Major Contradictions: Rajasthan High Court
9 months, 2 weeks ago

Testimony Of Injured Witness Can Be Relied Upon Unless There Are Major Contradictions: Rajasthan High Court

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The Rajasthan High Court has reiterated that the testimony of an injured witness cannot be discarded merely because of minor discrepancies since he is not likely to spare the actual assailant in order to falsely implicate someone else. The bench of Justice Sudesh Bansal thus observed that the testimony of an injured witness is accorded a special status in law …

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

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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 …

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

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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 …

'Prosecutrix Testimony Not Reliable': Allahabad High Court Acquit Rape Accused After 20 Yrs In Jail, Appeal Remained Defective For 16 Years
4 years ago

'Prosecutrix Testimony Not Reliable': Allahabad High Court Acquit Rape Accused After 20 Yrs In Jail, Appeal Remained Defective For 16 Years

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The Allahabad High Court recently came to the rescue of a man, after he suffered 20 years of incarceration in connection with a false rape case filed against him by a woman owing to an alleged land dispute. However, in the instant case, it observed that the testimony of the prosecutrix cannot be said to be that of a sterling …

Allahabad HC Rejects Shahjahanpur Law Student's Application Imputing Bias On Part Of SIT [Read Order]
4 years, 10 months ago

Allahabad HC Rejects Shahjahanpur Law Student's Application Imputing Bias On Part Of SIT [Read Order]

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The Allahabad High Court on Thursday rejected an application moved by the Shahjahanpur law student, alleging bias on part of the SIT that had investigated her rape case and also the extortion case filed against her. Arguments & Findings The student had moved the High Court against the SIT investigation highlighting the biased approach of the SIT which according to …

Mere Contradictions In Witness' Statements Insufficient To Attract Perjury: Bombay HC [Read Judgment]
6 years, 1 month ago

Mere Contradictions In Witness' Statements Insufficient To Attract Perjury: Bombay HC [Read Judgment]

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The High Court of Bombay has recently held that mere contractions in the statement of the witness cannot be the sole ground for conviction for perjury and the objectionable statements have to be perused as a whole to determine if the false statement was given willfully and knowingly.Justice S.M. The High Court of Bombay has recently held that mere contractions …

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