Material discrepancies in the testimonies of the witness would be fatal to case of prosecution: Supreme Court

Material discrepancies in the testimonies of the witness would be fatal to case of prosecution

Nagarathna, J in a significant judgment while setting aside the impugned judgment affirming conviction by Fast Track Court and Assam High Court has held that, “the High Court as well as the Trial Court have failed to take into consideration the vital discrepancies and inconsistencies in the evidence of the prosecution witnesses”.

The Hon’ble Supreme Court observed that, “In catena of cases, it has been held that though in cases of concurrent findings of fact, this Court will ordinarily not interfere with the said findings, this Court is empowered to do so if in case it finds inter alia, misreading of the evidence or where the conclusions of the High Court are manifestly perverse.”

The Court made it a point that, “owing to the substantial and material contradictions in the testimonies of the prosecution witnesses, the evidence of the prosecution is considered wholly unreliable. Additionally, the prosecution has examined only related witnesses and not a single independent witness. Therefore, in the facts and circumstances of the case, the evidence does not prove the alleged offences against the accused-appellants.”

It further holds that there are material discrepancies in the testimonies of the witness, and it would be fatal to case of prosecution (the category of the discrepancy has to be categorized).

It was observed that, “that the evidence of the related witnesses have to be considered by applying discerning scrutiny.”

It is well settled principle that just because witnesses are interrelated/interested/partisan, their testimonies cannot be disregarded. However, Hon’ble Court made it intelligible that when the witnesses are related/interested, their testimonies have to be scrutinized with greater care and circumspection.

Case:

Md. Jabbar Ali & Ors. …APPELLANT(S) vs. The State of Assam…RESPONDENT(S)

AND

Md. Ajmot Ali …APPELLANT(S0 vs. The State of Assam…RESPONDENT(S)