S.3 - Evidence in criminal cases needs to be evaluated on touchstone of
consistency. (H.P.) 009
S.3 - Evidence - Minor contradiction or inconsistency cannot be made basis to
discard whole evidence as unreliable, particularly when two Courts took note of said
evidence and discarded it being wholly immaterial. ( S.C.) 155
S.3 - Related witness and interested witness - Difference - Term related is not
equivalent to interested - Witness may be called interested only when he or she derives
some benefit from result of a litigation in decree in a civil case or in seeing an accused
person punished - A witness who is a natural one and is the only possible eye witness
in circumstances of a case cannot be said to be 'interested'. ( S.C.) 065
S.3 - Related/interested witness - Merely because eye-witnesses are family
members their evidence cannot per se be discarded - When there is allegation of
interestedness same has to be established - Mere statement that being relatives of
deceased they are likely to falsely implicate accused cannot be ground to discard evidence
which is otherwise cogent and credible. ( S.C.) 065
S.3 - Related/interested witness - Relationship is not a factor to affect credibility
of a witness - It is more often than not that a relation would not conceal actual culprit and
make allegations against an innocent person - Foundation has to be laid if plea of false
implication is made. ( S.C.) 065
S.24 - Extra judicial confession - Merely because signature of police is on top of
left corner of confessional statement of accused, Court cannot throw away such statement,
particularly when said signature was put by Inspector of police only as an
acknowledgment for receipt of confessional statement from PW10, before whom statement
was made by accused. (Madras) (DB) 094
S.65-B - Electronic record - Non-production of certificate u/s 65-B(4) of the Act
- Pen drive and transcript attached with charge sheet can be looked into without certificate
in terms of S.65-B of the Act at the time of framing of charge, as even though there has
to be strict compliance of S.65-B of the Act, pertaining to any electronic data, noncompliance
of same would not render the said document inadmissible at the time of
framing of charge. (P&H) 247
Ss.65, 66 - Secondary evidence - Photocopies of mark sheet - Plea in application
for secondary evidence that originals are with the petitioners - Despite receipt of copy of
said application, petitioners did not contend that original are not in their possession -
Fulfills the condition of giving notice u/s 66 of the Act - Held, it fulfills the condition of
giving notice u/ss 66 of the Act - No interference warranted in order allowing secondary
evidence. (Rajasthan) 260
S.118 - Child witness - Act does not prescribe a particular age as a determining
factor to prove a witness to be a competent one - A child of a tender age can also be
allowed to testify in case he is found to be capable of understanding questions and of
giving rational answers thereto. (P&H) 122
S.118, Protection of Children from Sexual Offences Act, 2012, Ss.6, 10 -
Testimony of child witnesses/victims - Sexual assault of two minor girls by their step
father - Child witnesses are not competent to depose as per Magistrate - However,
barely after 2 months thereafter both the victims when examined gave graphic details of
alleged incident before trial Court - Victims specifically deposed that her mother had told
them what to say before court - They stated that accused used to keep them as his
daughters - It is thus, not safe to solely rely upon the evidence of both the victims to
convict accused. (P&H) 122