The Supreme Court on Wednesday (May 8th) delivered a significant judgment regarding witness testimony in criminal trials. The bench, comprising Justices BR Gavai and Sandeep Mehta, ruled that a prosecution witness’s evidence cannot be automatically disregarded simply because the prosecution deemed them hostile and cross-examined them.

Supreme Court Upholds Conviction Despite Hostile Prosecution Witness

Key Points of the Judgment:

The Court upheld the conviction of the accused despite a prosecution witness recanting their initial statement during cross-examination.
The judgment, authored by Justice BR Gavai, recognized the possibility of witnesses being influenced by the accused during the gap between their initial examination and subsequent cross-examination.
The Court emphasized that while the full testimony of such witnesses cannot be used, any reliable portions can be considered after careful scrutiny.
The Court relied on the precedent set in “C. Muniappan and Others v. State of Tamil Nadu,” which established that such witness testimonies cannot be completely erased from the record.
In this specific case, the Court found sufficient corroboration for the victim’s initial testimony through her statement under Section 164 of CrPC (recording of victim’s statement before a magistrate) and medical evidence.

Impact of the Judgment:

Firstly, This judgment clarifies the use of witness testimony in criminal trials. While acknowledging the potential for witness manipulation, the Court allows for the use of reliable portions of such testimonies when supported by other evidence.

Case Details:

Case Title: SELVAMANI VERSUS THE STATE REP. BY THE INSPECTOR OF POLICE
Counsel for Appellant: Mr. Rahul Shyam Bhandari, AOR Ms. G. Priytadarshini, Adv. Mr. Satyam Pathak, Adv. Dr. Ratneshwar Chakma, Adv.
Counsel for Respondent: Mr. V. Krishnamurthy, Sr. A.A.G. Mr. D. Kumanan, AOR Mrs. Deepa. S, Adv. Mr. Sheikh F. Kalia, Adv. Mr. Veshal Tyagi, Adv. Ms. Richa Vishwakarma, Adv.