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Madras High Court· 15 September 2026

Is the evidence of an eyewitness rendered untrustworthy merely because motive is not established?

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

The evidence of an eyewitness is not rendered untrustworthy merely because motive is not established.

No. The evidence of an eyewitness is not rendered untrustworthy merely because motive is not established. Where the other circumstances, materials available and the evidence of the witnesses clinchingly prove the complicity of the accused, the motive assumes insignificance; evidence of motive weighs heavily in a case wholly dependent on circumstantial evidence, but not where there are eyewitnesses of credibility. (¶22)

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)

Headnote

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In the Court's own words
Paragraph 22Considering all the aspects, we are of the considered view that though the motive aspect was not established by the prosecution, when the other circumstances, materials available and the evidence of the witnesses clinchingly prove the complicity of the accused to the crime and the involvement of the accused in the offence, the motive assumes insignificance. In this regard, it is relevant to mention here a decision of Hon’ble Supreme Court in Bipin Kumar Mondal Vs. State of West Bengal reported in (2010) 12 SCC 91 and paragraph 23 is relevant which reads as follows: ‘23. In Shivji Genu Mohite v. State of Maharashtra [(1973) 3 SCC 219 : 1973 SCC (Cri) 214 : AIR 1973 SC 55] this Court held that in case the prosecution is not able to discover an impelling motive, that could not reflect upon the credibility of a witness proved to be a reliable eyewitness. Evidence as to motive would, no doubt, go a long way in cases wholly dependent on circumstantial evidence. Such evidence would form one of the links in the chain of circumstantial evidence in such a case. But that would not be so in cases where there are eyewitnesses of credibility, though even in such cases if a motive is properly proved, such proof would strengthen the prosecution case and fortify the court in its ultimate conclusion. But that does not mean that if motive is not established, the evidence of an eyewitness is rendered untrustworthy .‘
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
Is a suggestion put in cross-examination whose answer incriminates the accused a substantive piece of evidence?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?
Plain-language answer prepared by the LexStreak Editorial Desk — verify against the judgment. Source: Madras High Court. Corrections