NCLAT: Can’t Dismiss Restoration App. if Filed in 30 Days from Date of Dismissal of Original App.  ||  Delhi HC: Communication between Parties through Whatsapp Constitute Valid Agreement  ||  Delhi HC Seeks Response from Govt. Over Penalties on Petrol Pumps Supplying Fuel to Old Vehicles  ||  Centre Notifies "Unified Waqf Management, Empowerment, Efficiency and Development Rules, 2025"  ||  Del. HC: Can’t Reject TM Owner’s Claim Merely because Defendant Could have Sought Removal of Mark  ||  Bombay HC: Cannot Treat Sole Director of OPC, Parallelly with Separate Legal Entity  ||  Delhi HC: Can Apply 'Family of Marks' Concept to Injunct Specific Marks  ||  HP HC: Can’t Set Aside Ex-Parte Decree for Mere Irregularity  ||  Cal. HC: Order by HC Bench Not Conferred With Determination by Roster is Void  ||  Calcutta HC: Purchase Order Including Arbitration Agreement to Prevail Over Tax Invoice Lacking it    

Indira Devi and ors. v. State of Himachal Pradesh - (Supreme Court) (03 Jun 2016)

Injured witness’s testimony to not be accepted without scrutiny

Criminal

The Supreme Court cautioned that though an injured witness was “generally reliable”, nonetheless his or her testimony should still be subjected to scrutiny - especially if it appears that innocent persons are being falsely implicated.

In the instant case the victim had been assaulted by the accused and had named several women as being involved in commission of the offence as well. But, the court noted that statements given by the victim contained contradictions about the role played by those who stood accused.

The appellants were acquitted for benefit of doubt extended by the court. Medical evidence adduced by prosecution dud not corroborate the allegations made by the victim against the appellants. Noting that the victim was assaulted with a handgun and an axe, “the women accused could have hardly any reason to unnecessarily get involved…[with] fists and kicks”.

Tags : ASSAULT   VICTIM   TESTIMONY   SCRUTINY   CONTRADICTION  

Share :        

Disclaimer | Copyright 2025 - All Rights Reserved