Supreme Court: Wait-Listed Candidates Have No Vested Right After List Expiry  ||  SC: Reserved Candidates Scoring Above General Cut-Off Must be Considered For Open Posts  ||  SC: AICTE Regulations Do Not Govern Direct Recruitment of Engineering Professors by State PSCs  ||  Supreme Court: High Courts To Decide Article 226(3) Applications Within Two Weeks  ||  SC: State Agencies are Competent To Probe Corruption Cases Against Central Government Officers  ||  Allahabad High Court: Wife May Claim Education Expenses; Adverse Inference If Husband Hides Income  ||  Patna High Court: Cruelty Claims Against In-Laws are Unlikely Without Shared Residence or Interaction  ||  Patna HC: Aadhaar and GPS-Based Attendance For Medical College Faculty Does Not Violate Privacy  ||  Allahabad HC: Victim Compensation under POCSO Act Cannot be Withheld For Lack of Injury Report  ||  MP HC: Diverting Goods From Delivery Point is Misappropriation under S.407 IPC    

Mahendra Singh and Ors. vs. State of M.P. - (Supreme Court) (03 Jun 2022)

Conviction cannot be based on the testimony of a wholly unreliable witness

MANU/SC/0752/2022

Criminal

Instant appeals challenges the judgment delivered by the Division Bench of the High Court, thereby dismissing the appeal filed by the present appellants and upholding their conviction under Sections 148 and 302 read with Section 149 of Indian Penal Code, 1860 (IPC).

Witnesses are of three types, viz., (a) wholly reliable; (b) wholly unreliable; and (c) neither wholly reliable nor wholly unreliable. When the witness is “wholly reliable”, the Court should not have any difficulty inasmuch as conviction or acquittal could be based on the testimony of such single witness. Equally, if the Court finds that the witness is “wholly unreliable”, there would be no difficulty as neither conviction nor acquittal can be based on the testimony of such witness. It is only in the third category of witnesses that the Court has to be circumspect and has to look for corroboration in material particulars by reliable testimony, direct or circumstantial.

It is a settled law that same treatment is required to be given to the defence witness(es) as is to be given to the prosecution witness(es). From the evidence of the witnesses, it is amply clear that Amol Singh (P.W.6) could not have witnessed the incident.

The evidence of Amol Singh (P.W.6) would fall in the category of “wholly unreliable” witness. As such, no conviction could be based solely on his testimony. The corroboration sought by the High Court from the medical evidence was not justified. The medical evidence could only establish that the death was homicidal. However, it could not have been used to corroborate the version of Amol Singh (P.W.6) that he has witnessed the incident.

Insofar as the contention of Respondent¬-State that the prosecution has proved the motive is concerned, it is well settled that only because motive is established, the conviction cannot be sustained. The prosecution has failed to prove the case beyond reasonable doubt and as such, the accused are entitled to be given the benefit of doubt. The impugned judgments are quashed and set aside. The appellants are acquitted of the charges charged with. Appeals allowed.

Tags : CONVICTION   EVIDENCE   CREDIBILITY  

Share :        

Disclaimer | Copyright 2026 - All Rights Reserved