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1 - 10 of 20 (0.24 seconds)Section 148 in The Indian Penal Code, 1860 [Entire Act]
Section 302 in The Indian Penal Code, 1860 [Entire Act]
Section 304 in The Indian Penal Code, 1860 [Entire Act]
The Indian Penal Code, 1860
Vishnu & Ors vs State Of Rajasthan on 15 September, 2009
"28. 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 built-in 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
Cr.A. No. 56/2009 and Cr.A. No. 53/2009
6
injured witness". (Vide Ramlagan Singh & Ors. v. State of
Bihar, AIR 1972 SC 2593; Malkhan Singh & Anr. v. State
of Uttar Pradesh, AIR 1975 SC 12; Machhi Singh & Ors. v.
State of Punjab, AIR 1983 SC 957; Appabhai & Anr. v.
State of Gujarat, AIR 1988 SC 696; Bonkya alias Bharat
Shivaji Mane & Ors. v. State of Maharashtra, (1995) 6
SCC 447; Bhag Singh & Ors. (supra); Mohar & Anr. v.
State of Uttar Pradesh, (2002) 7 SCC 606; Dinesh Kumar
v. State of Rajasthan, (2008) 8 SCC 270; Vishnu & Ors. v.
State of Rajasthan, (2009) 10 SCC 477; Annareddy
Sambasiva Reddy & Ors. v. State of Andhra Pradesh, AIR
2009 SC 2261; Balraje alias Trimbak v. State of
Maharashtra, (2010) 6 SCC 673).
Balraje @ Trimbak vs State Of Maharashtra on 10 May, 2010
"28. 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 built-in 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
Cr.A. No. 56/2009 and Cr.A. No. 53/2009
6
injured witness". (Vide Ramlagan Singh & Ors. v. State of
Bihar, AIR 1972 SC 2593; Malkhan Singh & Anr. v. State
of Uttar Pradesh, AIR 1975 SC 12; Machhi Singh & Ors. v.
State of Punjab, AIR 1983 SC 957; Appabhai & Anr. v.
State of Gujarat, AIR 1988 SC 696; Bonkya alias Bharat
Shivaji Mane & Ors. v. State of Maharashtra, (1995) 6
SCC 447; Bhag Singh & Ors. (supra); Mohar & Anr. v.
State of Uttar Pradesh, (2002) 7 SCC 606; Dinesh Kumar
v. State of Rajasthan, (2008) 8 SCC 270; Vishnu & Ors. v.
State of Rajasthan, (2009) 10 SCC 477; Annareddy
Sambasiva Reddy & Ors. v. State of Andhra Pradesh, AIR
2009 SC 2261; Balraje alias Trimbak v. State of
Maharashtra, (2010) 6 SCC 673).
Jarnail Singh & Ors vs State Of Punjab on 26 August, 2009
29. While deciding this issue, a similar view was taken in,
Jarnail Singh v. State of Punjab, (2009) 9 SCC 719, where
this Court reiterated the special evidentiary status
accorded to the testimony of an injured accused and
relying on its earlier judgments held as under:-
Shivalingappa Kallayanappa And Others vs State Of Karnataka on 31 August, 1994
In Shivalingappa
Kallayanappa v. State of Karnataka, 1994 Supp
(3) SCC 235, 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.
State Of U.P vs Kishan Chand & Ors on 20 August, 2004
In State of U.P. v. Kishan Chand, (2004) 7
SCC 629, a similar view has been reiterated
observing that the testimony of a stamped
witness has its own relevance and efficacy. The
fact that the witness sustained injuries at the
time and place of occurrence, lends support to
his testimony that he was present during the
occurrence.