The evidence of an injured witness must be given due weightage being a stamped witness, thus, his presence cannot be doubted. His statement is generally considered to be very reliable and it is unlikely that he has spared the actual assailant in order to falsely implicate someone else. The testimony of an injured witness has its own relevancy and efficacy as he has sustained injuries at the time and place of occurrence and this lends support to his testimony that he was present during the occurrence.
Thus, the testimony of an injured witness is accorded a special status in law. The witness would not like or want to let his actual assailant go unpunished merely to implicate a third person falsely for the commission of the offence. Thus, the evidence of the injured witness should be relied upon unless there are grounds for the rejection of his evidence on the basis of major contradictions and discrepancies therein. (Vide: Jarnail Singh v. State of Punjab,, (2009) 9 SCC 719; Balraje @ Trimbak v. State of Maharashtra (2010) 6 SCC 673; and Abdul Sayed v. State of Madhya Pradesh (2010) 10 SCC 259).
(2011) CriLJ SC 2162 : JT 2011 (3) SC 508 : (2011) 3 SCALE 425 : (2011) 4 SCC 324 : (2011) 2 SCC (Cri) 216
Categories: Judicial Dictionary