Calcutta HC: Demolition Orders Cannot be Challenged under Article 226 if a Statutory Appeal Exists  ||  Kerala High Court: Disability Pension is Payable to Voluntary Dischargee For Service-Related Illness  ||  Calcutta High Court: Partition Decree is Executable Only After Stamp Duty Payment  ||  Calcutta HC: Contempt Court Cannot Grant New Relief Beyond Original Order Once Compliance is Met  ||  Kerala High Court: Intentional Judicial Decisions Cannot be Altered as Clerical Errors under CPC  ||  Supreme Court: Delay In Filing Appeals under Section 74 of 2013 Land Acquisition Act is Condonable  ||  SC: Statutory Authorities may Intervene When Housing Societies Delay Membership Decisions  ||  SC: Quasi-Judicial Authorities Cannot Exercise Review Powers Unless Expressly Granted By Statute  ||  SC: Special Court Cannot Order Confiscation While Appeal Against Attachment Confirmation is Pending  ||  SC: Photocopies are Not Evidence Unless Conditions for Leading Secondary Evidence are Proved    

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