Reliable Police Witnesses’ Testimony Should Not Be Dismissed Solely Due to Their Official Status: Supreme Court

New Delhi, August 11, 2023, In a recent judgment, the Supreme Court of India, comprising Justices Sanjay Karol and Abhay S. Oka, upheld the conviction of an accused under Section 8 of the Abkari Act. The appeal challenged the validity of the conviction, primarily focusing on the testimonies of official witnesses. “Conviction being based solely on the evidence of police officials is no longer an issue on which the jury is out.”

The bench analyzed the issue of bias in investigations conducted by officers who detected the crime. “Questioning such investigation on the basis of bias or such like factor would depend on the facts and circumstances of each case,” the court observed. The verdict emphasized that conviction based on reliable police witnesses’ testimony should not be dismissed solely due to their official status.

Furthermore, the judgment underscored the importance of a fair and speedy trial as a fundamental right under Article 21 of the Constitution. Factors affecting undue delay, including the nature of the offense and systemic delays, were taken into account. The bench noted that the presumption of prejudice due to delay is applicable when the accused is in custody. However, in this case, the appellant had been released on bail, negating the presumption.

The credibility of police witnesses’ testimonies was also discussed. The court referenced precedent cases to establish that if police officers’ testimonies are found credible and trustworthy, they can form the basis for conviction. The absence of independent witnesses does not necessarily invalidate police witnesses’ evidence.

The judgment concluded with the modification of the appellant’s sentence. Considering the delay in investigation and trial, the bench modified the sentence to three months of simple imprisonment, while confirming the fine. The appeal was partly allowed, and the appellant was directed to surrender before the concerned court.

This judgment reinforces the principle that conviction based on credible evidence, even from official witnesses, can withstand legal scrutiny, promoting a fair and efficient criminal justice system.

DATE OF DECISION: August 11, 2023

SATHYAN vs STATE OF KERALA