2012 SupremeCourtOnline 0112
[PLRonline 423501]
SUPREME COURT OF INDIA
Before:- A.K. Patnaik and Swatanter Kumar, JJ.
Govindaraju @ Govinda v. State by Sriramapuram P.S.
Criminal Appeal No. 984 of 2007.
15.3.2012.
(i) Criminal Procedure Code, Section 378 – Order of acquittal – Interference by the Court is justifiable only when a clear distinction is kept between perversity in appreciation of evidence and merely the possibility of another view – Not appropriate for the High Court to merely record that the judgment of the trial court was perverse without specifically dealing with the facets of perversity relating to the issues of law and/or appreciation of evidence, as otherwise such observations of the High Court may not be sustainable in law. [Para 10]
(ii) Indian Penal Code, Section 302 – Murder Case – Police officer – Sole witness – Role of a police officer as a witness is nuanced and dependent on various factors, including the specifics of each case and the overall trustworthiness of the testimony.
Can a Police Officer be a Sole Witness?
Court's Stance on Police Officers as Witnesses
Reliability and Trustworthiness of Police Testimony
Historical and Judicial Perspectives
[Para 15, 16, 17]
(iii) Evidence Act, Section 154 – Hostile witness – Not always necessary that wherever the witness turned hostile, the prosecution case must fail – Firstly, the part of the statement of such hostile witnesses that supports the case of the prosecution can always be taken into consideration – Secondly, where the sole witness is an eye-witness who can give a graphic account of the events which he had witnessed, with some precision cogently and if such a statement is corroborated by other evidence, documentary or otherwise, then such statement in face of the hostile witness can still be a ground for holding the accused guilty of the crime that was committed – The Court has to act with greater caution and accept such evidence with greater degree of care in order to ensure that justice alone is done. The evidence so considered should unequivocally point towards the guilt of the accused. [Para 20]
(iv) Evidence Act, Section 114 – Evidence Act, Section 3 – Material witness – If material witness is not examined adverse inference may be drawn – Meaning of expression material witness.
Principle of ‘Adverse Inference'
Missing Witnesses and Their Importance
-Explaining the chain of events from the crime scene to the death of the deceased.
– Clarifying whether the reported injuries could be inflicted by the recovered knife.
– Verifying whether the weapons contained human blood and matching it with the deceased's blood group.
Consequences of Not Examining Key Witnesses
Impact on Case When Principal Witnesses are Hostile
[Para 45]
(v) Indian Penal Code, Section 302 – Murder Case – Accused acquitted on following grounds :
Witness Credibility
Missing Medical and Police Testimonies
Forensic Evidence
Recovery of Weapon
Blood-Stained Weapon
[Paras 29, 30, 32, 36 and 45]
