[Landmark Judgement] Dalip Singh v/s State of Punjab (1953)

Landmark Judgment Law Insider (1)

Published on: 26 October 2022 at 15:07 IST

Court – Supreme Court of India

Citation – Dalip Singh v/s State of Punjab AIR 1953 SC 364

Hon’ble Supreme Court of India has held that if evidence is inadequate to fasten guilt, and therefore then the prosecution has to established its case beyond doubt. It is further held that the interest of the witnesses for furthering prosecution version.

It is held that relationship is not a factor to affect credibility of a witness unless the foundation has to be laid if plea of false implication is made. In such cases, the court has to adopt a careful approach and analyse the evidence to find out whether it is cogent and credible.

Para – 26

A witness is normally to be considered independent unless he or she springs from sources which are likely to be tainted and that usually means unless the witness has cause, such as enmity against the accused, to wish to implicate him falsely. Ordinarily a close relation would be the last to screen the real culprit and falsely implicate an innocent person.

It is true, when feelings run high and there is personal cause for enmity, that there is a tendency to drag in an innocent person against whom a witness has a grudge along with the guilty, but foundation must be laid for such a criticism and the mere fact of relationship far from being a foundation is often a sure guarantee of truth.

However, we are not attempting any sweeping generalization. Each case must be judged on its own facts. Our observations are only made to combat what is so often put forward in cases before us as a general rule of prudence. There is no such general rule. Each case must be limited to and be governed by its own facts.”

Drafted By Abhijit Mishra

Key Words –  Evidence, Prosecution Version, Interested Witness.

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