Supreme Court Holds Allottees Who Elected RERA Remedy Cannot Subsequently Seek Interim Relief Under Section 9 Arbitration Act Lodging FIR Does Not Amount To Instigation: Supreme Court Quashes Section 306 IPC Case Against In-Laws Over Husband's Suicide Vigilant Citizen Deserves Acknowledgment: Supreme Court Sets Strict Timelines For 20-Year-Old Subway Project, Lauds Litigant's Relentless Legal Battle Lawyer Cannot Disclose Privileged Information On TV Even If Client Becomes Adversary: Supreme Court Upholds Suspension Of Advocate Rizwan Siddique, Slaps ₹5 Lakh Cost On Both Parties Supreme Court Modifies 3-Year Bar Practice Rule; Orders 1-Year Practice Coupled With 2-Year Academy Training & Clerkship Model Made A Scapegoat Under Pressure Of Public Outcry: Delhi High Court Acquits Man Sentenced To Life In POCSO Case Doctrine Of Lis Pendens Applies To Court Auctions; Purchaser Bound By Outcome Of Pending Specific Performance Suit: Allahabad High Court Andhra Pradesh High Court Rules Section 65B Evidence Act Objection Cannot Be Raised For First Time In Appeal Two-Month Time Limit To File Evidence Under Rule 45 Of Trade Marks Rules 2017 Is Mandatory; Non-Compliance Results In Deemed Abandonment: Madras High Court SEBI Act | Special Law Overrides General Law': Bombay High Court Quashes Police FIR Against Ex-Axis Mutual Fund Chief Dealer In Front-Running Case 'Truth Cannot Be Sacrificed At The Altar Of Rigid Timelines': Calcutta High Court Upholds Section 311 CrPC Powers At Any Stage For Just Decision 'A Dispute Does Not Cease To Be Criminal Merely Because It Involves Commercial Transaction': Chhattisgarh High Court Refuses To Quash Cheating FIR In ₹4.39 Cr Land Deal Holding In Designated Centres Only Way If Foreigner Cannot Be Expelled: Gauhati High Court Denies Bail To Declared Foreigner Who Illegally Re-Entered India Madras High Court Issues Guidelines Against Police Harassment Under Guise Of Enquiry, Mandates Written Summons Under Section 179 BNSS Grave Ramifications On Rights': Punjab & Haryana High Court Mandates Strict Compliance Of Section 82 CrPC Before Declaring Accused As Proclaimed Person 'Interacting With Father Benefits Child's Well-Being': Kerala High Court Grants Virtual Access To Father After Mother Takes Child Abroad Violating Restraint Order Agreement In Family Member’s Name Cannot Shield Occupants Under Section 53-A TP Act': Uttarakhand High Court Upholds Eviction Of Licensees Not Filling A Lacuna: Subsequent Forensic Report From Criminal Case Can Be Produced As Additional Evidence In Civil Suit: Punjab & Haryana High Court Mere Nomination In FIR Not Enough For Vicarious Liability: Allahabad High Court Acquits Murder Accused Under Section 149 IPC Demanding Separations From Depending In-Laws Constitute Mental Cruelty: Calcutta High Court Upholds Divorce Human Memory Not Photographic: Allahabad High Court Upholds Murder Conviction, Reiterates 'Falsus In Uno' Maxim Has No Application In India Litigant Claiming To Be Sub-Tenant Before Revenue Authorities Cannot Set Up Plea Of Adverse Possession In Civil Court: Madhya Pradesh High Court Civil Death": Orissa High Court Rules Blacklisting Of Contractor Without Specific Show-Cause Notice Violates Natural Justice Delay Irrespective Of Number Of Years Ought To Be Condoned In Land Acquisition Matters': Punjab & Haryana High Court Condones 3953 Days Delay 'Notary Cannot Act As Marriage Officer': Madhya Pradesh High Court Accepts Notary's Apology With ₹2 Lakh Welfare Cost, Directs Display Board Against Notarizing Marriages

Minor Discrepancies in Witness Accounts Do Not Meet Standard of Proof Required to Overturn an Acquittal- Punjab and Haryana High Court Upholds Acquittal in Kidnapping Case

07 May 2024 8:19 AM

By: Admin


In a significant ruling, the Punjab and Haryana High Court has upheld the acquittal of two individuals in a kidnapping case citing that the minor discrepancies in witness accounts do not meet the standard of proof required to overturn an acquittal. The judgment was delivered by a bench comprising Justice Sureshwar Thakur and Justice Amarjot Bhatti.

The key legal issue revolved around the appeal against the acquittal of the respondents who were previously charged under Section 364 of the Indian Penal Code (IPC) for allegedly abducting and confining the complainant by tying him with ropes.

The appeal was filed by the State of Punjab following the acquittal of Harwinder Singh and another respondent by the trial court. The trial court had based its decision on the inconsistencies and discrepancies in the testimonies of the witnesses, along with the lack of corroborative evidence.

Credibility of Witness Testimonies: The High Court noted significant variations in the witnesses' accounts, including the medical evidence, which did not corroborate the alleged severity of confinement or assault. Justice Bhatti highlighted, "The medical evidence presented only showed minor abrasions, inconsistent with claims of being tied and assaulted."

Lack of Corroboration: The court pointed out the absence of independent witnesses from the busy thoroughfare area, which could have corroborated the incident.

Review of Evidence: The bench thoroughly reviewed the entire evidence and emphasized that discrepancies that do not go to the root of the prosecution's case should not be grounds for conviction. Citing the Supreme Court's decision in Yogesh Singh v. Mahabeer Singh & Ors., the bench stated, "Minor contradictions, inconsistencies, or insignificant embellishments do not affect the core of the prosecution case and should not be taken to be a ground to reject the prosecution evidence."

Analysis of the Trial Court's Judgment: The High Court upheld the trial court's judgment, agreeing that the evidence against the accused was unconvincing and did not fulfill the standard required to convict beyond a reasonable doubt.

Decision of the Judgment: The appeal by the State of Punjab was dismissed, and the acquittal of Harwinder Singh and the other respondent was upheld.

Date of Decision: April 26, 2024

State of Punjab vs. Harwinder Singh and Another

Latest Legal News