Category: Testimony

ISSUE:

Whether the testimony of an accomplice, who was not prosecuted or tendered a pardon, was admissible as evidence?

Whether photostatic copies of documents could be used as evidence when the originals were unavailable?

Whether prior exposure of a witness to suspects' photographs invalidated the witness’s identification?

Whether selective prosecution and the use of an accomplice as a witness violated constitutional protections under Articles 14 and 20?

RULE:

Accomplice testimony is admissible if it is corroborated, regardless of whether the accomplice is prosecuted or tendered a pardon.

Photostatic copies are admissible as secondary evidence if originals are unavailable and there is no suggestion of fabrication.

Witness identification remains valid if corroborated by independent evidence, even if the witness has prior exposure to suspects' photographs.

Selective prosecution of an accomplice as a witness does not violate constitutional protections, provided it is a legitimate prosecutorial strategy.

ISSUE:

Is the testimony of interested witness admissible under Indian Evidence Act?

RULE:

An interested witness, being a friend or relative of the deceased does not automatically make a witness unreliable.

ISSUE:

Whether sole testimony of child witness admissible under the Indian Evidence Act?

RULE:

Sole testimony of a child witness is unreliable if there is a delay in its presentation, increasing the likelihood of coaching or tutoring.

ISSUE:

Whether when a statement made at or around the time of the crime occurred is admissible as evidence, does corroboration have to be provided when the child is under the age of 12 years?

RULE:

The main test as to whether a previous statement was made "at or about the time when the fact took place", within the meaning of sec. 157, Evidence Act, is whether the statement was made as early as can reasonably be expected in the circumstances of the case and before there was an opportunity for tutoring or concoction.