Supreme Court

Indira Devi and ors. v. State of Himachal Pradesh

03.06.2016

Criminal

Injured witness’s testimony to not be accepted without scrutiny

The Supreme Court cautioned that though an injured witness was “generally reliable”, nonetheless his or her testimony should still be subjected to scrutiny - especially if it appears that innocent persons are being falsely implicated.

In the instant case the victim had been assaulted by the accused and had named several women as being involved in commission of the offence as well. But, the court noted that statements given by the victim contained contradictions about the role played by those who stood accused.

The appellants were acquitted for benefit of doubt extended by the court. Medical evidence adduced by prosecution dud not corroborate the allegations made by the victim against the appellants. Noting that the victim was assaulted with a handgun and an axe, “the women accused could have hardly any reason to unnecessarily get involved…[with] fists and kicks”.

Tags : assault victim testimony scrutiny contradiction

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