Case Details

Citation(s)
2012 SLG 1602 2012 SLD 1602 2012 SCMR 1869
Supreme Court of India
Criminal Appeals Nos.831 with 832 of 2010, decision dated: 21st October, 2011
DR. B.S. CHAUHAN AND A.K. PATNAIK, JJ

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TAKDIR SAMSUDDIN SHEIKH

VS

STATE OF GUJARAT and another

Law:

Section:

(a) Criminal trial-------Evidence---Improvements/contradictions in evidence---Reliance on such evidence---Scope---While appreciating the evidence, court had to take into consideration whether the contradictions/omissions/ improvements/embellishments etc. had been of such magnitude that they might materially affect the trial---Minor contradictions, inconsistencies, omissions or improvements on trivial matters without affecting the case of the prosecution not to be made the basis by the court to reject the evidence in its entirety---Court after going through the entire evidence must form an opinion about the credibility of the witness and the appellate court in natural course would not be justified in reviewing the same against without justifiable reasons. (b) Criminal trial--- ----Evidence--- Interested witness--- Reliance on--- Scope--- Term "interested"---Connotation---While appreciating the evidence of a witness considering him as an interested witness, the court must bear in mind that the term 'interested' postulated that the witness must have some direct interest in having the accused somehow or the other convicted for some other reason. (c) Criminal trial--- ----Evidence---Single witness, evidence of---Conviction on basis of such evidence---Scope---Court could and might act on the testimony of a single witness provided he was wholly responsible---No legal impediment existed in convicting a person on the sole testimony of a single witness---Where there were doubts about the testimony, the court would insist on corroboration---Test to remove such doubt was whether the evidence had a ring of truth, was cogent, credible and trustworthy or otherwise---Emphasis was to be laid on value, weight and quality of evidence rather than on quantity, multiplicity or plurality of witnesses, therefore, it was open to a court to fully and completely rely on a solitary witness and record conviction. (d) Penal Code (XLV of 1860)--- ----Ss. 302/114---Murder, abettor present when offence committed---Reappraisal of evidence---Sole and interested witness---Reliance on evidence of such witness---Scope---Accused and co-accused (appellants) were alleged to have murdered the deceased…
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