Anurupa Pal
Published On: March 9, 2022 at 19:39 IST
The Supreme Court of India recently Ruled out that Evidence given by Witnesses can’t be Discarded just because they are Relatives of the Deceased Victims.
The Trial Court tried Eleven Accused together and while Three Accused were Convicted under Section 148 and 302 of Indian Penal Code others were Acquitted.
The Bench of Justice MR Shah and BV Nagarathna observed that there were no Material Contradictions between the Statements given by the Injured Witnesses and the Statements of the Deceased’s Relatives.
The Bench opined that merely because the Witnesses are Deceased’s Relatives their Testimony can’t be Discarded and, in this regard, the High Court has Discarded the said Evidence/Deposition.
On the Issue of the 7-Hour Delay in Filing of the First Information Report, the Supreme Court opined that in the Context of the Circumstances of the instant Case, a Seven-Hour delay can’t be considered Fatal to the Prosecution’s Case and the Supreme Court Remarked that the High Court gave unnecessary weightage to Minor Contradictions while dealing with the Issue.
Also Read: Kerala High Court: Mere Enmity cannot be a Ground to Discard Witness Evidence