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1 - 10 of 32 (0.44 seconds)Section 34 in The Indian Penal Code, 1860 [Entire Act]
Section 342 in The Indian Penal Code, 1860 [Entire Act]
Section 323 in The Indian Penal Code, 1860 [Entire Act]
Section 427 in The Indian Penal Code, 1860 [Entire Act]
Section 34 in The Indian Evidence Act, 1872 [Entire Act]
Balraje @ Trimbak vs State Of Maharashtra on 10 May, 2010
The question of the weight to be attached to the evidence of a
witness that was himself injured in the course of the occurrence has been
extensively discussed by this Court. Where a witness to the occurrence has
himself been injured in the incident, the testimony of such a witness is generally
considered to be very reliable, as he is a witness that comes with a builtin
State Vs. Rajesh Mongia Etc. FIR No. 75/2000 Page 19 of 32
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guarantee of his presence at the scene of the crime and is unlikely to spare his
actual assailant(s) in order to falsely implicate someone. Convincing evidence
is required to discredit an injured witness. [Vide Ramlagan Singh v. State of
Bihar, Malkhan Singh v. State of U.P., Machhi Singh v. State of Punjab,
Appabhai v. State of Gujarat, Bonkya v. State of Maharashtra, Bhag Singh,
Mohar v. State of U.P. (SCC p. 606bc), Dinesh Kumar v. State of Rajasthan,
Vishnu v. State of Rajasthan, Annareddy Sambasiva Reddy v. State of A.P.
and Balraje v. State of Maharashtra].
Section 161 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 5 in The Probation of Offenders Act, 1958 [Entire Act]
Shivalingappa Kallayanappa And Others vs State Of Karnataka on 31 August, 1994
In
Shivalingappa Kallayanappa v. State of Karnataka , this Court has held that
the deposition of the injured witness should be relied upon unless there are
strong grounds for rejection of his evidence on the basis of major contradictions
and discrepancies, for the reason that his presence on the scene stands
established in case it is proved that he suffered the injury during the said
incident.