Related witnesses -- Ground that the witness being a close relative and consequently being a partisan witness, should not be relied upon, has no substance...........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d)(2) -- Illegal gratification - Doctor caught red handed with tainted money recovered from his pockets - Defence that notes were forcibly thrust into pocket - Conviction on sole testimony of complainant - PWs 5, 6 & 9 turning hostile - No other independent witness - In a bribery case complainant is a partisan witness..........
Related or interested witnesses -- Court has a duty to analyse the evidence with deeper scrutiny and to come to a conclusion as to whether it has a ring of truth or there is reason for holding that the evidence was biased - Whenever a plea is taken that the witness is partisan or had any hostility towards the accused, foundation for the same has to be laid...........
Interested or partisan witness -- Evidence of such a witness not to be discarded merely on the ground that he is either partisan or interested or closely related to the deceased, if it is otherwise trustworthy and credible - It only requires scrutiny with more care and caution - If on such careful scrutiny, the evidence is found to be reliable and probable, it can be acted..........
Criminal trial -- Related witness - Ground that the witness being a close relative and consequently being a partisan witness, should not be relied upon, has no substance...........
Criminal trial -- Related witness - Credibility - (i) Merely a related witness is not a ground to reject the testimony of a witness if otherwise found to be trustworthy and reliable; (ii) Judicial approach has to be cautious in dealing with such evidence, but the plea that such evidence should be rejected because it is partisan, cannot be accepted as correct; (iii) If for..........
Criminal trial -- Partisan or interested witness - Evidence of such a witness cannot be discarded on the ground that it is the evidence of a partisan or interested witness - All that is required is to analyse evidence of such a witness with due caution and particularly in the light of medical evidence available on record...........
Indian Penal Code, 1860, Section 302, 307, 34 -- Appellants armed with axe, knife and iron rod assaulted deceased - Wife of deceased an eye witness - Conviction challenged that witness was interested - Evidence cannot be discarded merely on the ground that it was of a partisan or interested witness - Witness herself had been injured in incident - Her presence could not be..........
Criminal trial -- Interested or partisan witness - Evidence of a witness cannot be discarded merely on the ground that he is either partisan or interested or both, if otherwise the same is found to be credible...........
Criminal trial -- Interested or partisan witness - Evidence of a witness cannot be discarded merely on the ground that he is either partisan or interested or both, if otherwise the same is found to be credible...........
