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Rahul Dev v. State - (High Court of Delhi) (31 May 2017)

Where primary witnesses itself are reliable, conviction can safely be based on testimony of said witnesses even in absence of corroboration from call records



By present appeal, Appellant challenges impugned judgment convicting him for offences punishable under Section 302/201 of Indian Penal Code, 1860 (IPC) and order on sentence directing him to life imprisonment and to pay a fine of Rs. 5,000/- for offence punishable under Section 302 of IPC and rigorous imprisonment for a period of four years and to pay a fine of Rs. 2,000/- for offence punishable under Section 201 of IPC. It is submitted that, Appellant has been falsely implicated, hence, he be acquitted of charges.

In a case of eye-witness, prosecution need to prove motive. However, from evidence of witnesses, prosecution has proved beyond reasonable doubt motive for commission of offence against Appellant. Supreme Court in case of Kamla Kant Dubey v. State of U.P. held- that, it is settled principle that, a conviction can well be founded on testimony of a single witness, if Court finds his version to be trustworthy and corroborated by record on material particulars.

Evidence of call records would have only been corroborative in nature and where primary witnesses itself are reliable, conviction can safely be based on testimony of said witnesses even in absence of corroboration from call detail records.

Evidence of witnesses (Seema, Umesh, Prakash, Ravi Kant Dubey and Rishabh) coupled with extra judicial confession of Appellant made to Umesh, human blood recovered from chest of Appellant at mid-night, coupled with recovery of amputated body of Diwakar, when he alone was present in house after Inspector reached third floor of premises which Appellant has failed to explain, prove case of prosecution beyond reasonable doubt. In view of cogent and convincing evidence led by prosecution, there is no infirmity in impugned judgment of conviction and order on sentence. Appeal is dismissed.

Relevant : Kamla Kant Dubey and Ors. vs. State of U.P. and Ors. MANU/SC/0694/2015


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