Injured eyewitness’ evidence valid: HC
Express News Service
First Published : 25 Nov 2009 03:51:00 AM IST
CHENNAI: In a given case, where only one eyewitness is available and alive and he was under treatment in an unconscious stage, the statement of that witness can be recorded when he regained consciousness and the same can be held valid in the eye of law, the Madras High Court has ruled.
A division bench comprising Justice M Chockalingam and Justice V Peria Karuppiah gave the ruling while confirming the life sentence awarded by a lower court to four persons, on Tuesday.
Aggrieved, the four filed an appeal, holding that the eye-witness of 12 yearold servant Ramu, who was also injured in the attack and was unconscious, could not be relied upon.
Confirming the lower court order of awarding life term to the four, the bench said that Ramu’s evidence before the trial court was consistent with the statement given under Sec. 161 Cr.PC. Had it been the real intention of the IO to add some false evidence, there was no need for him to wait for five days to record Ramu’s statement.
That apart, the medical opinion canvassed through the case clearly indicated that Ramu was regaining consciousness slowly day by day.
Courtesy_
