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Indian Evidence Act

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  • #112108 Reply
    Tina DU

    In the case of ‘State of Uttar Pradesh vs. Naresh and Ors.’, (2011) 4 SCC 324, the Supreme

    Court held:

    “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.”

    1. 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.

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    • #112118 Reply
      Tina DU


      Hon’ble Supreme Court-Bhagwan Singh v. State of Haryans, (1976) 2 SCR 921 : Air 1976 SC 202;
      Rabinder Kumar Dev v. State of Orissa, (1976) 4 SCC 233:
      AIR 1977 SC 170 and Sayed Akbar v. State of Karnataka,
      (1980) 1 SCR 95: AIR 1979 SC 1848 – Where it was held that
      the evidence of a prosecution witness cannot be rejected in toto
      merely because the prosecution chose to treat him as hostile and
      cross-examined him. The evidence of such witness cannot be
      treated as effaced or washed off the record altogether but the
      same can be accepted to the extent their version is found to be
      dependable on a careful scrutiny thereof.

      Hon’ble Apex Court and it was observed that law is not well settled that merely because witness is declared as hostile witness, whole of his evidence is not liable to be thrown away. Reference was made to Syed Akbar Vs. State of Karnatka, 1980 (1) SCC 30, Rabindera Kumar Dey vs. State of Orissa, 1976 (4) SCC 233 and Bhagwan Singh Vs. State of Haryana, 1976 (1) SCC 389

    • #112123 Reply
      Tina DU

      CRPC – Sec 313

      Supreme Court in case ‘S.Govindaraju vs. State of Karnataka’, 2013(10) SCALE 454, are relevant to note :-
      “23. It is obligatory on the part of the accused while being
      examined under Section 313 Code of Criminal Procedure, to
      furnish some explanation with respect to the incriminating
      circumstances associated with him, and the Court must take
      note of such explanation even in a case of circumstantial evidence
      in order to decide whether or not the chain of circumstances is
      complete. When the attention of the accused is drawn to
      circumstances that inculpate him in relation to the commission of the crime, and he fails to offer an appropriate explanation, or
      gives a false answer with respect to the same, the said act may
      be counted as providing a missing link for completing the chain
      of circumstances.

      This Court in Rohtash Kumar v. State of Haryana : JT 2013 (8) SC 181 held as under:

      Undoubtedly, the prosecution has to prove its case beyond
      reasonable doubt. However, in certain circumstances, the
      accused has to furnish some explanation to the incriminating
      circumstances, which has come in evidence, put to him. A
      false explanation may be counted as providing a missing
      link for completing a chain of circumstances.

    • #112124 Reply
      Tina DU

      Soon before-

      In ‘Hira Lal & Ors. vs. State’, AIR 2003 SC 2865, Supreme Court observed :-
      “…..The expression ‘soon before’ is very relevant where Section
      113-B of the Evidence Act and 304-B IPC are pressed into
      service. Prosecution is obliged to show that soon before the
      occurrence there was cruelty or harassment and only in that
      case presumption operates. Evidence in that regard has to be led
      by prosecution. ‘Soon before’ is a relative term and it would
      depend upon circumstances of each case and no strait-jacket
      formula can be laid down as to what would constitute a period
      of soon before the occurrence. It would be hazardous to indicate
      any fixed period of soon before the occurrence. Suffice, however,
      to indicate that the expression ‘soon before’ would normally
      imply that the interval should not be much between the concerned
      cruelty or harassment and the death in question. There must be
      existence of a proximate and live link between the effect of
      cruelty based on dowry demand and the concerned death. If
      alleged incident of cruelty is remote in time and has become stale
      enough not to disturb mental equilibrium of the woman concerned,
      it would be of no consequence.”

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