Gujarat HC: Officials Commuting to Court on Two-Wheelers Required to Wear Helmets  ||  Madras HC: To Invoke PMLA, Mere Possession of Proceeds of Crime Sufficient  ||  Madras HC: To Invoke PMLA, Mere Possession of Proceeds of Crime Sufficient  ||  Bom. HC: Sai Baba Sansthan Trust Eligible for Exemption on Income Tax for Anonymous Donations  ||  Delhi HC: Counting of Votes for DUSU Elections to be Allowed Once Defacement Cleaned Up  ||  Ori. HC: Fact-Finding Inquiry Makes it Permissible to Not Give Opportunity of Hearing to Employee  ||  Gauhati High Court Issues Guidelines for Acceptance of Final Report Form by Courts  ||  MP HC: Can’t Subject Transfer Order to Judicial Review Unless Found to be Influenced by Malafide  ||  MP HC: Discretion of Appointing Authority to Appoint a Person Involved in Offence of Moral Turpitude  ||  Gau. HC Issues Guidelines Regarding Release of Seized Money in Cyber Frauds or Crimes    

Ram Laxman and Ors. v. State of Rajasthan - (Supreme Court) (03 Mar 2016)

Court cannot rely on unreliable witness to convict one and acquit another

MANU/SC/0274/2016

Criminal

An undependable and unreliable witness’s testimony cannot be split to grant benefit to some co-accused in the crime, while maintaining conviction of another, when both stand on the same footing and deserve parity. The Supreme Court disagreed with the High Court’s conclusion, convicting the Appellants and acquitting a co-accused, on the basis of unreliable witness testimony and corroboration by the post mortem report. The Supreme Court held that since the witness’s testimony was highly unreliable, no weight could be placed on it in determining the specific injuries caused by the accused. It distinguished the High Court’s finding from the accepted principle that “on account of detecting some falsehood in the statement of a witness who is otherwise consistent and reliable, his entire testimony should not be discarded”, however such split evidence could not then be relied upon to benefit one accused over another.

Relevant : Ugar Ahir and Ors. v. The State of Bihar MANU/SC/0333/1964 Joginder Singh v. State of Punjab MANU/SC/0934/1993

Tags : UNRELIABLE WITNESS   SPLIT TESTIMONY   ACQUITTAL  

Share :        

Disclaimer | Copyright 2024 - All Rights Reserved