Published on: 10 July 2023 at 12:15 IST
Court: Supreme Court
Citation: Rajesh Yadav v. State of U.P. (2022)
Honourable Supreme Court of India has held that related witness cannot be considered as an interested witness. It is held that a related witness would become an interested witness, only when he is desirous of implicating the accused in rendering a conviction, on purpose.
31. A related witness cannot be termed as an interested witness per se. One has to see the place of occurrence along with other circumstances. A related witness can also be a natural witness. If an offence is committed within the precincts of the deceased, the presence of his family members cannot be ruled out, as they assume the position of natural witnesses. When their evidence is clear, cogent and withstood the rigour of cross-examination, it becomes sterling, not requiring further corroboration. A related witness would become an interested witness, only when he is desirous of implicating the accused in rendering a conviction, on purpose.
Drafted By Abhijit Mishra