Order VIII Rules 3 & 5 CPC | Silence Is Admission: State’s Failure To Specifically Deny Hiring Amounts To Acceptance: JK HC Mere Entry, Abuse Or Assault Is Not Civil Contempt – Willfulness And Dispossession Must Be Clearly Proved: Bombay High Court Magistrate Cannot Shut Eyes To Final Report After Cognizance – Supplementary Report Must Be Judicially Considered Before Framing Charges: Allahabad High Court Examination-in-Chief Alone Cannot Sustain Conviction Amid Serious Doubts: Delhi High Court Upholds Acquittal in Grievous Hurt Case Employees Cannot Pick Favourable Terms and Reject the Rest: Bombay High Court Upholds SIDBI’s Cut-Off Date for Pension to CPF Optees Cannot Reclaim Absolute Ownership After Letting Your Declaration Suit Fail: AP High Court Enforces Finality in Partition Appeal Death Due to Fat Embolism and Delayed Treatment Is Not Culpable Homicide: Orissa High Court Converts 30-Year-Old 304 Part-I Conviction to Grievous Hurt Fabricated Lease Cannot Be Sanctified by Consolidation Entry: Orissa High Court Dismisses 36-Year-Old Second Appeal Rules of the Game Were Never Changed: Delhi High Court Upholds CSIR’s Power to Prescribe Minimum Threshold in CASE-2023 Resignation Does Not Forfeit Earned Pension: Calcutta High Court Declares Company Superannuation Benefit as ‘Wages’ Under Law Fraud Vitiates Everything—Stranger Can File Independent Suit Against Compromise Decree: Bombay High Court Refuses to Reject 49-Year-Old Challenge at Threshold Mere Long Possession By One Co-Owner Does Not Destroy The Co-Ownership Right Of The Other: Madras High Court State Cannot Hide Behind An Illegal Undertaking: Punjab & Haryana High Court Questions Denial Of Retrospective Regularization Sentence Cannot Be Reduced to Two Months for Four Life-Threatening Stab Wounds: Supreme Court Restores 3-Year RI in Attempt to Murder Case Suspicion, However Grave, Cannot Substitute Proof: Apex Court Reaffirms Limits of Section 106 IEA Accused at the Time of the Statement Was Not in the Custody of the Police - Discovery Statement Held Inadmissible Under Section 27: Supreme Court Failure to Explain What Happened After ‘Last Seen Together’ Becomes an Additional Link: Supreme Court Strengthens Section 106 Evidence Act Doctrine Suicide in a Pact Is Conditional Upon Mutual Participation — Survivor’s Resolve Reinforces the Act: Supreme Court Affirms Conviction Under Section 306 IPC Participation in Draw Does Not Cure Illegality: Supreme Court Rejects Estoppel in Arbitrary Flat Allotment Case Nepotism and Self-Aggrandizement Are Anathema to a Democratic System: Supreme Court Quashes Allotment of Super Deluxe Flats by Government Employees’ Welfare Society Liberty Is Not Absolute When It Becomes a Threat to Society: Supreme Court Cancels Bail of Alleged ₹6.5 Crore Fraud Mastermind Magistrate’s Power Is Limited — Sessions Court May Yet Try the Case: Supreme Court Corrects High Court’s Misconception in ₹6.5 Crore Fraud Bail Order Dacoity Cannot Be Presumed, It Must Be Proved: Allahabad High Court Acquits Villagers After 43 Years, Citing ‘Glaring Lapses’ in Prosecution Case When the Judge Signs with the Prosecutor, Justice Is Already Compromised: MP High Court Quashes Tainted Medical College Enquiry Strict Rules Of Evidence Do Not Apply To Proceedings Before The Family Court: Kerala High Court Upholds Wife’s Claim For Gold And Money Commission Workers Cannot Claim Status of Civil Servants: Gujarat High Court Declines Regularization of Physically Challenged Case-Paper Operators Non-Wearing of Helmet Had a Direct Nexus with Fatal Head Injuries  : Madras High Court Upholds 25% Contributory Negligence for Helmet Violation Only a ‘Person Aggrieved’ Can Prosecute Defamation – Political Party Must Be Properly Represented: Karnataka High Court Quashes Case Against Rahul Gandhi

Lack of Reliable Eyewitness Testimony Leads to acquittal of Accused - SC

07 May 2024 8:19 AM

By: Admin


On 12 April 2023, Supreme Court in a recent Judgement (Radhey Shyam & Ors. Vs. State of Rajasthan) held that the identity of the accused as the assailants of the deceased had not been established beyond a reasonable doubt, and the conviction could not be sustained based solely on the alleged recovery of weapons.

Facts

The case involves three convicted accused (numbers 9, 2, and 1) who were charged with Section 148 and Section 302 r/w Section 149 of the Indian Penal Code (IPC). The incident happened on April 16, 1976, and there was political rivalry between the deceased's family and some accused persons who belonged to the Ahir community and formed a party called Azad party. The deceased's brother lodged an FIR, and according to the prosecution, three witnesses were present during the attack. The Trial Court discarded one witness's testimony but believed the testimony of two witnesses, including the mother and daughter of the deceased. The High Court upheld the conviction of the accused.

Arguments

The counsel for the appellants argued that the testimony of the child witness (PW3) cannot be reliable, given her age, and pointed out that there were discrepancies in her identification of the accused. The counsel also noted that PW4 could not identify any of the accused in court. They suggested that the delay in filing the FIR allowed for the possibility of false implication of the accused due to political rivalry.

The senior counsel for the state argued that despite minor discrepancies, the child witness demonstrated good intelligence and understanding. He pointed out that PW4 named five persons as the accused but was unable to identify them by name. The senior counsel argued that such lapses in identification can be attributed to the lapse of time between the incident and the trial. The senior counsel for the state maintained that the conclusions reached by the lower courts regarding the guilt of the appellants were sound.

Observed and Held

The Supreme Court observed that the prosecution's case rested solely on the testimony of two witnesses, including a child witness (PW3). While the Court acknowledged that the age of the child witness did not automatically disqualify her testimony, they emphasized that greater caution and scrutiny were necessary. The Court scrutinized her testimony and found that there were inconsistencies in her identification of the accused and that the identification procedure used was unfair to the accused. The Court found that it was unsafe to convict the accused based only on the testimony of the child witness.

The Supreme Court observed that the testimony of the other witness, PW4 Kanwarbai, who claimed to be an eyewitness, was also unreliable. Despite claiming to know the names of the accused and their fathers, she was unable to identify any of them in court. The Court noted that her identification attempts were inconsistent and did not inspire confidence. The Court further found that it was unsafe to convict the accused based on the testimony of either witness, particularly given the inconsistencies and contradictions in their identifications of the accused.

The Supreme Court held that the identity of the accused as the assailants of the deceased had not been established beyond a reasonable doubt, and the conviction could not be sustained based solely on the alleged recovery of weapons. The court quashed and set aside the conviction of the appellants and acquitted them of the charges. Appeal Allowed.

Radhey Shyam & Ors. Vs. State of Rajasthan

[gview file="https://lawyer-e-news.com/wp-content/uploads/2023/04/12-Apr-2023-RADHEY-SHYAM-Vs-State-Non.pdf"]

Latest Legal News