SC: Confirmation of an Auction Sale Does Not Bar Judicial Scrutiny of Reserve Price Valuation  ||  Supreme Court Sets Aside Conviction of Four Men in a 1998 Gang Rape Case  ||  Supreme Court: Privy Purse Privileges of Princely Rulers are Not Enforceable Legal Rights  ||  Delhi HC: Repeated Court Summons May Distress and Re-Traumatize Child Sexual Assault Victims  ||  Jammu and Kashmir High Court: Labeling Someone as a Terrorist Associate Amounts to Defamation  ||  Delhi HC: Setting Aside or Altering a Judge’s Order by a Higher Court Doesn’t Affect Their Integrity  ||  Delhi High Court: Accused Cannot be Faulted For Smart Replies; Interrogator Must be Sharper  ||  Supreme Court: Belated Jurisdictional Challenge Impermissible After Participation in Arbitration  ||  Supreme Court: Failure to Prove Specific Overt Acts of Each Unlawful Assembly Member Not Fatal  ||  Supreme Court: Parental Salary Alone Cannot Determine OBC Creamy Layer Status    

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

MANU/DE/1565/2017

Criminal

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

Tags : CONVICTION   EVIDENCE   VALIDITY  

Share :        

Disclaimer | Copyright 2026 - All Rights Reserved