SC Explains When Shares Received After Company Amalgamation are Taxable as Business Income  ||  SC: Excavators, Dumpers Etc Used Within Factories aren’t Motor Vehicles For Road Tax Purposes  ||  SC: Complaints Alleging Fraud under Companies Act Can Be Filed Only By SFIO, Not By Private Parties  ||  SC: Preventive Detention Cannot Override Bail and Requires Proof of a Threat to Public Order  ||  Supreme Court: Multiple Complaints Are Valid For Dishonour of Several Cheques in One Transaction  ||  SC: Bail Should Not be Refused Mechanically Nor Granted Based on Irrelevant Considerations  ||  Gujarat HC: Motor Accident Compensation Doesn’t Cover Medical Expenses Paid by Charity  ||  HP High Court: Panchayati Raj Elections Cannot Be Postponed Beyond Five-Year Term  ||  Ker HC: Victim Cannot File Second Appeal Seeking Special Leave Against Acquittal Under S.419(4) BNSS  ||  Delhi HC: Right to Higher or Professional Education is Fundamental and Cannot be Curtailed Lightly    

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 2026 - All Rights Reserved