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In the case of ‘State of Uttar Pradesh vs. Naresh and Ors.’, (2011) 4 SCC 324, the Supreme
“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
- In the case of ‘Abdul Sayed Vs. State of Madhya Pradesh’, (2010) 10 SCC 259, the Supreme Court held :
“ The question of the weight to be attached to the evidence of
a witness that was himself injured in the course of the occurrence
has been extensively discussed by this Court. Where a witness
to the occurrence has himself been injured in the incident, the
testimony of such a witness is generally considered to be very
reliable, as he is a witness that comes with a built-in guarantee
of his presence at the scene of the crime and is unlikely to spare
his actual assailant(s) in order to falsely implicate someone.
“Convincing evidence is required to discredit an injured witness.
In Ankush Shivaji Gaikwad vs. State of Maharashtra (2013)6 SCC 770 it is emphasized that victim is not to be forgotten in criminal justice system and Section 357 Cr.P.C. should be read as imposing
mandatory duty on the court to apply its mind to the question of awarding compensation in every case.