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...the reliability of the eyewitness testimony, the corroborative nature of the medical evidence, and the perverse findings of the Trial Court are compelling and do not warrant any interference..., thus rendering her testimony unreliable. The Trial Court observed that the witnesses provided differing accounts of the timeline and sequence of events, creating doubt about their reliability...Trial Court's conclusion that the eyewitness accounts were unreliable. The Trial Court based its findings on perceived inconsistencies between the testimony of the eyewitnesses and the medical...
...passes the test of reliability. So long as the single eyewitness is a wholly reliable witness the courts have no difficulty in basing conviction on his testimony alone. However, where the single...testimony of a single eyewitness Ajoy PW 3. Indeed, conviction can be based on the testimony of a single eyewitness and there is no rule of law or evidence which says to the contrary provided the sole witness...upon some independent corroboration of his testimony, in material particulars, before recording conviction. It is only when the courts find that the single eyewitness is a wholly unreliable witness...
...propositions enunciated in the authorities cited at the Bar.19. That conviction can be based on a testimony of a single eyewitness if he or she passes the test of reliability and...he did so.9. Mr Krishnan Venugopal, learned Senior Counsel for the appellant has emphatically urged that as the testimony of PW 1, the sole eyewitness, as claimed by the.... In recording the conviction, the trial court laid utmost emphasis on the testimony of PW 1, who apart from narrating the incident of murder, also deposed about the extra-marital relationship between...
...of a single eyewitness and there is no rule of law or evidence which says to the contrary provided the sole witness passes the test of reliability. So long as the single eyewitness is a wholly...reliable witness the courts have no difficulty in basing conviction on his testimony alone. However, where the single eyewitness is not found to be a wholly reliable witness, in the scene that there are some...recording conviction. It is only when the courts find that the single eyewitness is a wholly unreliable witness that his testimony is discarded in toto and no amount of corroboration can cure that...
...committed by a single person. Once that possibility is ruled out, it would attach greater reliability to the testimony of PW 6. Thus, the statement of PW 6, despite he being the sole eyewitness, need not...truth before the court. It is also contended that the court should deal with the statement of a sole eyewitness cautiously and it may not be very safe to rely upon the testimony of such a witness. In...in the mind of the Court.27. The principles stated in these judgments are indisputable. None of these judgments say that the testimony of the sole eyewitness cannot be...
...of reliability. So long as the single eyewitness is a wholly reliable witness the courts have no difficulty in basing conviction on his testimony alone. However, where the single eyewitness is not...on solitary testimony of eyewitness Sopan, son of the deceased. He is thus an “interested” witness. In absence of any corroboration, it would not be safe to place implicit reliance on his testimony who...evidence of a single eyewitness it may be enough to sustain the conviction given the sterling testimony of a competent, honest man although as a rule of prudence courts call for corroboration...
...statement of PW 2, sole eyewitness fails to meet the test of “entire reliability” and, therefore, cannot be the basis for convicting the accused and that the testimony of PW 2 to the effect that there...courts have disbelieved the statement of PW 1 and have based the conviction solely on the ocular testimony of PW 2;(c) no other eyewitness supports the...the appellant made two legal propositions for consideration of this Court:(1) The testimony of a single eyewitness must be entirely reliable for a conviction...
...testimony of a single eyewitness, if he or she passes the test of reliability. The Apex Court held as under:“19. That conviction can be based on a testimony of a single...eyewitness if he or she passes the test of reliability and that it is not the number of witnesses but the quality of evidence that is important, have been propounded consistently in Anil Phukan, Ramji...the eyewitness to the incident. Thus, we find that it is not proper for this Court to convict the appellant on the sole testimony of PW1 Dropati because on the touchstone of the legal exposition, the...
...case, his testimony lacks reliability. During his examination-in-chief, he identified the accused and stated that the accused caused the accident by driving the Bolero Pickup that struck...prosecution has failed to establish the guilt of the accused/respondent beyond reasonable doubt. The testimony of PW-2 Yuvraj Sahu, though claimed to be that of an eyewitness, is riddled with contradictions...law and on facts in failing to properly appreciate the evidence brought on record by the prosecution, particularly the testimony of the eye-witness, PW-2 Yuvraj Sahu. Said witness has categorically...
...informant had turned hostile, the FIR could not have been relied upon as a piece of substantial evidence corroborating the testimony of PW 2, the alleged eyewitness. It is vehemently canvassed by him...that the conviction has been rested on the testimony of PW 2 who has claimed to be the eyewitness though his version is totally unreliable because of his unnatural conduct and his non-availability for...the testimony is accepted, the deposition of PW 2, the eyewitness to the incident, gains acceptation as he has vividly described the incident and the assault. The learned counsel would further submit...
...analyzing the reliability of the eyewitness' testimony, which, according to him, was impermissible at this stage.
43. The learned ASJ further observed that the prosecution...discretion under Section 258 of the CrPC to stop the proceedings. The petitioner contends that the sole eyewitness, Shamshad Hussain, surfaced four months after the incident, rendering his testimony...accident was not established by credible evidence. The learned MACT was particularly critical of the testimony of Shamshad Hussain, noting that despite claiming to be an eyewitness and a relative of the...
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Abdul Sayeed vs. State of MP (2010) 10 SCC 259) with regard to the ....
7. Appellants have challenged the findings of the Trial Court on the grounds that the trial Court has wrongly relied on the testimony of Ramdulari (PW-1) and...used by whom. Seizure witnesses have not supported the prosecution case. Appellants further alleged that from the testimony of Dr. P.D.Agrawal (PW-6), it is apparently clear that the prosecution...
....28. In the present case, the sole eyewitness is stated to be a police officer i.e PW 1. The entire case hinges upon the trustworthiness, reliability or otherwise of the testimony of this wi...that the material witness has not been examined and the reliance cannot be placed upon the sole testimony of the police witness (eyewitness).24. It is a settled proposition...prosecution relies upon the testimony of a sole eyewitness, then such evidence has to be wholly reliable and trustworthy. Presence of such witness at the occurrence should not be doubtful. If the evidence of...
...the testimony of the only eyewitness relied upon by it.3. Learned Counsel for the State of Rajastban had contended that the High Court was in error in holding that Champoli...circumstances which throw doubts on the complete reliability of Champoli also. The learned counsel for the appellants has submitted that the High Court had erred in failing to consider objections to.... Lohde, PW 6, is certainly a resident of Timava. But, he was shown to have been regularly deposing against the accused persons. The High Court considered the testimony of such a witness to be too...
....
15. Re : Testimony of the Sole Eye-Witness. However, that being said, what is to be considered is the credibility and reliability of the sole eyewitness testimony upon...:
(i) The testimony of PW-2, the sole - eyewitness being consistent, credible and truthful;
(ii) Common intention shared by the Appellants to...be based on the testimony of the sole eyewitness but only when the same is found cogent, of sterling quality and inspires confidence.
(ii) It is urged that in the...
....
15. Re : Testimony of the Sole Eye-Witness. However, that being said, what is to be considered is the credibility and reliability of the sole eyewitness testimony upon...:
(i) The testimony of PW-2, the sole - eyewitness being consistent, credible and truthful;
(ii) Common intention shared by the Appellants to...be based on the testimony of the sole eyewitness but only when the same is found cogent, of sterling quality and inspires confidence.
(ii) It is urged that in the...
....
15. Re : Testimony of the Sole Eye-Witness. However, that being said, what is to be considered is the credibility and reliability of the sole eyewitness testimony upon...:
(i) The testimony of PW-2, the sole - eyewitness being consistent, credible and truthful;
(ii) Common intention shared by the Appellants to...be based on the testimony of the sole eyewitness but only when the same is found cogent, of sterling quality and inspires confidence.
(ii) It is urged that in the...
....
15. Re : Testimony of the Sole Eye-Witness. However, that being said, what is to be considered is the credibility and reliability of the sole eyewitness testimony upon...:
(i) The testimony of PW-2, the sole - eyewitness being consistent, credible and truthful;
(ii) Common intention shared by the Appellants to...be based on the testimony of the sole eyewitness but only when the same is found cogent, of sterling quality and inspires confidence.
(ii) It is urged that in the...
...be considered is the credibility and reliability of the sole eyewitness testimony upon which the decision of the present case rests.
14. The entire case of the...:
(i) The testimony of PW-2, the sole - eyewitness being consistent, credible and truthful;
(ii) Common intention shared by the Appellants to exact revenge for...testimony of the sole eyewitness but only when the same is found cogent, of sterling quality and inspires confidence.
(ii) It is urged that in the present case the...
...settled that where there is sole eyewitness and the said witness is a close relative of the deceased, courts should be slow in accepting the testimony of such witnesses. The learned counsel submits that...when the sole eyewitness, PW.1 gave different versions of the incident, the trial Court should not have accepted the testimony of such wavering witness. In this regard, the learned counsel relies on...the appellant, Additional State Public Prosecutor and perused the trial Court records in detail. The law is fairly well settled that conviction can be based on a testimony of a single eyewitness, if...