Legal Reference Library

Even if witnesses to a crime belong to a political faction that is opposed to the accused, their testimonies need not be discarded for that reason alone if otherwise acceptable, says the Kerala High Court. Justice B Sudheendra Kumar gave the ruling while upholding the life imprisonments imposed on 8 CPI(M) activists who were convicted for murdering an RSS leader, Vattappara Shaji, on November 17, 2002. Of the three eye witnesses (occurrence witnesses) relied upon by the prosecution, one was an RSS activist and the others were RSS sympathizers, it was alleged in the appeals. The counsel representing the convicted CPI(M) men argued at the high court that they were interested and partisan witnesses who maintain hostile animus against the appellants and that their testimonies cannot be relied upon. While deciding to accept their testimonies, the high court said in cases where the witnesses belong to the opposite political faction of the accused, the court has to be vigilant and cautiou...

Delhi High Court while reversing the acquittal of an Accused for an Offence U/S 354 of Indian Penal Code has held that there is no legal impediment in convicting a person on the sole testimony of a single witness. “That is the logic of Section 134 of the Evidence Act, 1872. But if there are doubts about the testimony, the courts will insist on corroboration. In fact, it is not the number, the quantity, but the quality that is material. The time-honoured principle is that evidence has to be weighed and not counted. The test is whether the evidence has a ring of truth, is cogent, credible and trustworthy or otherwise”.  Justice Sunita Gupta was hearing an appeal filed by the State against acquittal of Accused Pratap Singh @Krishna by  Metropolitan Magistrate (Mahila Court), South-East District, Saket Courts. Facts The complainant “X‟ had gone to gym where accused was an instructor. After 10.30 am, when all the girls from the gym had left, the respondent /accused came to her and ...