It is unsafe to base conviction on unreliable evidence: SC

Conviction of an accused on the basis of unreliable and untrustworthy evidence is "unsafe" as it may lead to miscarriage of justice, the Supreme Court has held. "It will be unsafe to convict a person on the basis of such unreliable and untrustworthy evidence particularly when such statements are full of embellishment and contradictions, without corroboration in material particulars by reliable testimony, direct or circumstantial," a bench of Justices Altams Kabir and Mukundakam Sharma. The apex court passed the observation while acquitting Jarnail Singh who was convicted for culpable homicide not amounting to murder. It was the case of the prosecution that Jarnail Singh had stabbed to death Ramtar, a taxi driver, on 15th November 1993 in Punjab's Patiala district after the deceased refused to take a route suggested by the accused. The sessions court convicted Singh mainly on the eye witness account of Harjinder. The High Court also affirmed the conviction but reduced the sentence to five years, upon which the accused appealed in the apex court. Pointing to inconsistencies in the eye witness's account, the apex court noted that Harjinder had initially stated in the FIR that it was the deceased who had first stabbed the accused, as a sequel to which Jarnail stabbed him to death.

"Loved reading this piece by Prakash Yedhula?
Join LAWyersClubIndia's network for daily News Updates, Judgment Summaries, Articles, Forum Threads, Online Law Courses, and MUCH MORE!!"

Join our Telegram group

Join our Whatsapp group