Kerala HC: The More Popular You Become, Your Rights Also Diminish to That Extent  ||  SC: Right Claimed Under A. 29 for Preserving Language Can’t Result in an Absolute Right  ||  Bombay High Court: Person Shaking Neck Towards Woman While Riding is Not Stalking  ||  SC: By Operation of S. 31(7)(b), Sum Directed to be Paid Under Arbitral Award Shall Carry Interest  ||  SC: By Operation of S. 31(7)(b), Sum Directed to be Paid Under Arbitral Award Shall Carry Interest  ||  Ker. HC: Physical Contact as Part of Resistance Can’t be Called Explicit Sexual Overture  ||  Delhi High Court: Bail Granted by Court on Merits, if Withheld Will Amount to Punishment  ||  Del. HC: Prosecution and Legal Departments to Exercise Due Diligence before Initiating Cases  ||  BCI Writes Letter to CJI Suggesting Regular Evaluation of Mental Health of Judicial Officers  ||  Delhi High Court: Arbitral Award Set Aside Due to Failure of Arbitrator to Disclose Conflict    

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 2024 - All Rights Reserved