High Court Rules Incomplete Statements Without Cross-Examination Not Admissible as Evidence in Acquittal Case

In a significant ruling, the High Court of Jammu & Kashmir and Ladakh at Jammu has held that incomplete statements of witnesses, without the opportunity for cross-examination, cannot be considered as legal evidence. The judgment, pronounced on June 8, 2023, pertains to an acquittal case (CRAA No. 189/2014) wherein the State of J&K appealed against the respondents’ acquittal by the trial court.

The court emphasized the importance of cross-examination, stating, “Incomplete statements of the prosecutrix and the complainant, in the absence of their cross-examination, could not be treated as legal evidence, nor could be relied upon to fasten any criminal liability upon the respondents.” This ruling underscores the fundamental principle that witnesses must be given a reasonable opportunity for cross-examination by the adverse party, and the court has no choice but to disregard testimony from witnesses who were not subjected to cross-examination.

The case Involved allegations of sexual assault made by the mother of the prosecutrix against the first respondent, who was a police inspector. The trial court had charged the first respondent under Sections 376/201 RPC, while the second respondent was charged under Section 376/511 RPC. However, due to various circumstances, including the death of the prosecutrix and the complainant’s unavailability, they could not be cross-examined during the trial.

The High Court also considered the delay in lodging the FIR, which the prosecution failed to explain. The court observed that such a delay, coupled with discrepancies in the statements of the prosecutrix and the complainant, weakened the prosecution’s case. The judgment stated, “Contradictory statements made by the prosecutrix and the complainant in their chief examination, in the absence of cross-examination, could not be treated as a legal evidence, nor could be relied upon to sustain conviction of the respondents.”

The High Court upheld the trial court’s acquittal verdict, endorsing its well-reasoned judgment. This decision underscores the importance of cross-examination as a fundamental aspect of fair trial and highlights the necessity of presenting complete and reliable evidence to establish criminal liability.

This ruling sets a precedent for future cases, clarifying the requirements for admissible evidence and reaffirming the principle of cross-examination as an essential component of the criminal justice system.

Date of Decision: June 8, 2023

State of J&K vs Davinder Kumar