⚖️ Sole Testimony of an Injured Witness: Can Conviction Be Based on It?

Topic:
• Can there be conviction on the basis of Sole Testimony of an Injured Witness?

📘 Delhi Law Academy Jaipur presents below for aspirants of RJS, DJS, PCS(J) and other Judicial Services throughout India a short Note on the probative value of Sole Testimony of an Injured Witness for conviction.

🔍 Sole Testimony of an Injured Witness

There exists a catena of judgments of the Hon’ble Supreme Court where it has been laid down as trite law that evidence of an injured witness needs to be accepted unless there is convincing evidence to discredit it.

📜 Abdul Sayeed v. State of M.P. (2010) 10 SCC 259

“The question of the weight to be attached to the evidence of a witness that was himself injured in the course of the occurrence has been extensively discussed by this Court. Where a witness to the occurrence has himself been injured in the incident, the testimony of such a witness is generally considered to be very reliable, as he is a witness that comes with a built-in guarantee of his presence at the scene of the crime and is unlikely to spare his actual assailant(s) in order to falsely implicate someone. Convincing evidence is required to discredit an injured witness.”

📜 State of U.P. v. Kishan Chand [2004 SC]

“The testimony of an injured witness has its own relevance and efficacy. The fact that the witnesses sustained injuries at the time and place of occurrence lends support to their testimony that the witnesses were present during the occurrence. The injured witnesses were subjected to lengthy cross-examination but nothing could be elicited to discredit their testimony.”

📜 State of U.P. v. Naresh (2011) 4 SCC 324

“The evidence of an injured witness must be given due weightage being a stamped witness, thus, his presence cannot be doubted. His statement is generally considered to be very reliable and it is unlikely that he has spared the actual assailant in order to falsely implicate someone else. The testimony of an injured witness has its own relevancy and efficacy as he has sustained injuries at the time and place of occurrence and this lends support to his testimony that he was present during the occurrence. Thus, the testimony of an injured witness is accorded a special status in law. The witness would not like or want to let his actual assailant go unpunished merely to implicate a third person falsely for the commission of the offence.”

“Mere contradictions on trivial matters could not render his deposition untrustworthy.”

👉 Thus, the evidence of the injured witness should be relied upon unless there are grounds for rejection on the basis of major contradictions and discrepancies therein.

❓ FAQs on Sole Testimony of Injured Witness

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