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Madras High Court· 15 September 2026

Is a suggestion put in cross-examination whose answer incriminates the accused a substantive piece of evidence?

R.PRABHU v. THE INSPECTOR OF POLICE
CRL A.273/2021 · 2026:MHC:3906 · CRL A No. 273 of 2021
Coram: Justice N. Sathish Kumar · Justice K.Rajasekar
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Answer

A suggestion put in cross-examination whose answer incriminates the accused is a substantive piece of evidence.

Yes. A suggestion put in cross-examination whose answer incriminates the accused is a substantive piece of evidence. Where suggestions are hurled at a witness to discredit him or to establish the defence on preponderance of probabilities and the answers incriminate the accused, they are binding and can be taken into consideration along with the other evidence on record. (¶14)

Headnote

Indian Penal Code, 1860 — s.302 — s.109 — Indian Evidence Act, 1872 — s.106 — Acid attack — Facts within special knowledge — Test identification parade — Motive — Indian Evidence Act, 1872 — s.106 — Special knowledge — Unexplained injuries of the accused — Held: Where the accused sustained acid injuries on the day of the occurrence and offer no explanation, those facts being exclusively within their knowledge, the absence of explanation points to their complicity in the crime. (¶15, 18) Indian Evidence Act, 1872 — s.106 — Cross-examination — Incriminating suggestion is substantive evidence — Held further: A suggestion put to a witness in cross-examination whose answer incriminates the accused is a substantive piece of evidence and may be taken into consideration along with the other evidence on record. (¶14) Criminal trial — Test identification parade — Identity established by eyewitnesses — Held further: The non conduct of a test identification parade is not fatal to the prosecution where the identity of the accused is otherwise established; such a parade is not obligatory and is not substantive evidence. (¶20, 21) Indian Penal Code, 1860 — s.302 — Motive — Eyewitness evidence unaffected — Held further: The evidence of an eyewitness is not rendered untrustworthy merely because motive is not established, where the other circumstances clinchingly prove complicity. Criminal appeals dismissed and the conviction confirmed. (¶22, 23)

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In the Court's own words
Paragraph 14P.W.14, the medical officer attached to the Government hospital, Bhavani examined A-1 on 24.06.2009. He has also seen the irregular margin of acid injury. Ex.P.8 has been issued in this regard and multiple scald burn injuries were noted by him on various parts of his body. Even for the suggestion put to the doctor as to the nature of the injury, it was suggested that the injury may also be possible due to boiling liquid. Therefore, it is clear that the injuries sustained by both the accused at the relevant point of time was not disputed. The suggestions put forth during cross examination if incriminating the accused, the same would be a substantive piece of evidence. In this regard, it is relevant to cite a decision of Hon’ble Supreme Court in Balu Sudam Khalde Vs. State of Maharashtra reported in (2023) 13 SCC 365 and in paragraph 44, the Hon’ble Supreme Court has held as follows: ‘44.During the course of cross-examination with a view to discredit the witness or to establish the defence on preponderance of probabilities suggestions are hurled on the witness but if such suggestions, the answer to those incriminate the accused in any manner then the same would definitely be binding and could be taken into consideration along with other evidence on record in support of the same.’ It is further to be noted that A-1 surrendered before the Judicial Magistrate court, Dindigul. P.W.35, the wife of A-1, has also clearly spoken about his surrender. The custody of A-1 was taken by the investigating officer P.W.18 and later, he examined him and recorded his confession. The admissible portion of his confession was marked as Ex.P.4. Pursuant to the same, black colour helmet and dark blue colour shirt in the presence of Village Administrative Officer were seized under Ex.P.5, besides, a mug from the bush in the opposite side of Eduvai Road was recovered under Ex.P.6. It is relevant to note that these materials were also subjected to forensic examination. Ex.P.23 forensic report was filed in this regard.
Acts & Sections
s.302 Indian Penal Code, 1860s.109 Indian Penal Code, 1860s.106 Indian Evidence Act, 1872

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Also decided in this judgment
Must an accused who sustained injuries on the day of the occurrence explain them under section 106 of the Indian Evidence Act, 1872?Is the non conduct of a test identification parade fatal to the prosecution where the identity of the accused is established?Is the evidence of an eyewitness rendered untrustworthy merely because motive is not established?
Plain-language answer prepared by the LexStreak Editorial Desk — verify against the judgment. Source: Madras High Court. Corrections