Owner Can Avoid Confiscation Under NDPS by Proving Lack of Knowledge or Connivance in Illicit Use of Vehicle: Supreme Court Court is Expert of Experts: High Court Upholds Right to Rebuttal Evidence in Will Dispute Exceptional Circumstances Warrant Use of Inherent Powers to Reduce Sentences in Non-Compoundable Offenses: Supreme Court Execution of Eviction Decree Limited to Suit Premises; Additional Claims Not Permissible: Bombay High Court Only Apprentices Under the 1961 Act Are Excluded from Gratuity – Calcutta High Court Demand for Penalty and Interest Without Following Natural Justice Violates Section 11A of the Central Excise Act: P&H High Court Rajasthan High Court Acquits Bank Manager, Citing "Processing Fee, Not Bribe" in Corruption Case Compensatory Nature of Section 138 NI Act Permits Compounding Even at Revisional Stage: Madras High Court Kerala High Court Quashes GST Demand of Rs. 99 Crore: Faults Adjudicating Authority for Contradictory Findings Section 138 NI Act | Compounding Permitted Even at Revisional Stage with Reduced Fee in Special Circumstances: HP High Court No Renewal, Only Re-Tendering’ – Upholds Railway Board’s MPS License Policy: Delhi High Court Punjab and Haryana High Court Quashes Second FIR Against Former Minister in Corruption Case Nature of Suit Must Be Determined on Evidence, Not Technical Grounds: Delhi High Court on Rejection of Plaint Economic Offences Must Be Scrutinized to Protect Public Interest:  Allahabad High Court Dismisses Plea to Quash FIR Against Cloud Investment Scheme Company Golden Hour Care Is a Matter of Right, Not Privilege: Supreme Court on Road Accident Victim Treatment Limitation Law | When Once the Time Has Begun to Run, Nothing Stops It: Supreme Court Section 14 of Limitation Act Shields Bona Fide Claimants: SC Validates Arbitration Amid Procedural Delay Time Lost Cannot Be Restored, But Justice Can: Supreme Court Orders Immediate Release of Convict Declared Juvenile Bailable Warrants in Domestic Violence Cases Only in Exceptional Circumstances - Domestic Violence Act Cases Are Primarily Remedial, Not Punitive: Supreme Court

Accused Cannot Be Held Guilty When Prosecution Story Is Based On Wholly Unreliable Witnesses: Allahabad High Court Acquits Man in Assault Case

07 May 2024 8:19 AM

By: Admin


In a significant judgment, the Allahabad High Court, led by Hon’ble Justice Shamim Ahmed, acquitted Bhola in the criminal appeal No. 88 of 2009. The appeal was against the conviction under Section 323/34 IPC for assault, which the court found was based on unreliable witness testimonies and insufficient evidence.

Legal Point of the Judgment: The key legal point deliberated upon was the reliability of witness testimonies in proving the accused’s guilt beyond a reasonable doubt. The court stressed the importance of scrutinizing evidence in cases where witness statements are inconsistent.

Facts and Issues: Bhola was accused of assaulting Ramu due to old enmity and political differences, with charges framed under various sections including the SC/ST Act. Despite the allegations, several prosecution witnesses turned hostile, raising questions on the veracity of the prosecution’s claims.

Evaluation of Witness Credibility: The court observed, “Witnesses may be categorized into three distinct categories...but difficulty arises in case of third category i.e. where witness is neither wholly reliable nor wholly unreliable.”

Presumption of Innocence: Justice Ahmed emphasized, “The presumption of innocence, is the principle that one is considered innocent unless proven guilty.”

Scrutinizing Hostile Witnesses: The judgment cited the principle that “The evidence of a prosecution witness cannot be rejected in toto merely because the prosecution chose to treat him as hostile.”

Separating ‘Grain from Chaff’: Highlighting the trial court’s error, the judgment stated, “It is duty of Court to separate grain from chaff.”

Flaws in Trial Court’s Judgment: The High Court noted, “The trial court has overlooked the material evidence available on record with regard to guilt of accused.”

Decision: The High Court reversed the trial court’s judgment, acquitting Bhola due to lack of substantial evidence. It was held that the evidence against Bhola was insufficient and the testimonies unreliable, leading to the conclusion that he cannot be held guilty.

Date of Decision: April 1, 2024.

“BHOLA vs STATE OF U.P.”

Similar News