Is a witness related to the deceased an interested witness by reason of the relationship alone, unless the testimony shows a ring of falsity?
Coram: Justice J. B. Pardiwala · Justice K. Vinod Chandran
A witness related to the deceased is not an interested witness by reason of the relationship alone, unless the testimony shows a ring of falsity.
No. A witness is not rendered an interested witness merely by being related to the deceased; but where the related eyewitnesses' testimonies show a ring of falsity — through irreconcilable contradictions — closer scrutiny of their evidence is warranted before it can be relied upon. (¶19)
Indian Penal Code, 1860 — s.302, s.34 — Arms Act, 1959 — s.27 — Related witnesses — Hypothesis of innocence — Evidence Law — Related witnesses — Not per se interested — Held: A witness related to the deceased is not an interested witness by reason of the relationship alone, unless the testimony shows a ring of falsity, in which case closer scrutiny is warranted before reliance. (¶19) Criminal Law — Benefit of doubt — Hypothesis of innocence — Held further: A reasonable hypothesis of innocence emerging from the prosecution's own evidence entitles the accused to the benefit of doubt; the appellants were accordingly acquitted. (¶18, 20, 21)
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