J. VENKATESAN / The Hindu / NEW DELHI, July 3, 2011.
Sunday, July 3, 2011
EVIDENCE ACT: Evidence of relatives can't be discarded: Supreme Court!
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Trial courts cannot discard the evidence of witnesses just because they happen to be relatives of murdered persons, the Supreme Court has ruled.
A vacation Bench of Justices P. Sathasivam and A.K. Patnaik said: “There is no bar on accepting the evidence of related witnesses. Merely because the witnesses are related to the complainant or the deceased, their evidence cannot be thrown out. If their evidence is found consistent and true, the fact of their being relatives cannot by itself discredit their evidence.”
Writing the judgment, Justice Sathasivam said: “The evidence of an interested witness does not suffer from any infirmity as such, but the courts require as a rule of prudence — not as a rule of law — that the evidence of such witnesses be scrutinised with a little care. Once that approach is made and the court is satisfied that the evidence of the interested witness has a ring of truth, such evidence could be relied upon even without corroboration. If after a careful analysis and scrutiny of their evidence, the version given by them appears clear, cogent and credible, there is no reason to discard the same.”
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