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Promoting Harmony
Daaman
Both the Side (Defense & Prosecution) Witness Statements are Equally Important
State of Haryana vs Ram Singh
Supreme Court
15/01/2002
2002 (1) SCR 208; Appeal (crl.) 78 of 1999
About/from the judgment:
Both the Side (Defense & Prosecution) Witness Statements are Equally Important!
Rejection of the defence case on the basis of the evidence tendered by defence witness has been effected rather casually by the High Court. Suggestion was there to the prosecution’s witnesses in particular PW-10 Dholu Ram that his father Manphool was missing for about 2/3 days prior to the day of the occurrence itself - what more is expected of the defence case : a doubt or a certainty - jurisprudentially a doubt would be enough : when such a suggestion has been made prosecution has to bring on record the availability of the deceased during those 2/3 days with some independent evidence. Rejection of the defence case only by reason thereof is far too strict and rigid a requirement for the defence to meet - it is prosecutor’s duty to prove beyond all reasonable doubts and not the defence to prove its innocence - this itself is a circumstance, which cannot but be termed to be suspicious in nature.
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