Lawstreet Journal

Evidence of interested person can be considered if corroborated by other evidence on record: SC [READ JUDGEMENT]

Lawstreet Journal 8 Mar 2021 11:51pm

Image courtesy: Lawstreet Journal Judiciary Evidence of interested person can be considered if corroborated by other evidence on record: SC [READ JUDGEMENT]

A bench comprising of Justice Ashok Bhushan and Justice R. Subhash Reddy of Supreme Court on Wednesday (March 3, 2021) observed that the evidence of interested person can be considered provided such evidence is corroborated by other evidence on record.

“A close relative who is a natural witness cannot be regarded as an interested witness,” the court observed.

Facts of the case:

 

In the case titled Rahul vs. State of Haryana, the accused(Rahul) was concurrently convicted in a murder case. The prosecution case was that the accused had murdered the deceased because of the alleged relationship between his wife and the deceased. 

Contention of the parties:

 

Before the Apex Court in appeal, it was contended that two witnesses in this case, are brother and mother respectively of the deceased, and thus are interested witnesses and the conviction is based on the testimony of these interested witnesses, to prove that deceased was last seen with the accused. 

Opposing this contention, the state contended that merely because witnesses who are brother and mother of the deceased were examined to prove the case of the prosecution, same is no ground to discard their testimony, if the same is corroborated along with other oral and documentary evidence on record.

Observation of the court:

 

“Merely because PW­3 and PW­12 are related, by itself is no ground, to reject their testimony. Further, a close relative who is a natural witness cannot be regarded as an interested witness. It is fairly well settled proposition that even the evidence of interested person can also be considered provided… Continue Reading...


Tagged: Supreme Court of India  
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