Case: State of Rajasthan Vs. Om Prakash

to the accused. Assuming that the knife and clothes were discovered at the instance of the accused, mere discovery is not enough, unless the knife, connected to the accused, is shown to have been used by him. The police could have ascertained the finger prints from the knife and could have either proved or excluded use of the knife by the accused. Failure on the part of the prosecution is a serious lacuna, which raises a reasonable doubt regarding involvement of the accused and, therefore, the evidence, as is accepted, is grossly in-sufficient for sustaining the order of conviction. 5. However, the primary stand was that on the basis of a solitary witnesses evidence, conviction cannot be recorded; more particularly, when he is related to the deceased. The High Court accepted the plea and held that in case of solitary witness, and when he is related to the deceased, corroboration is a must. 6. In support of the appeal, learned counsel for the State submitted that the evidence of PW-1 clearly established the commission of offence by the respondent. There is no reason why he would depose falsely against his brother in law after his sister has lost her life. The decisions referred to by the High Court do not lay down any proposition of law to the effect that on the basis of solitary witnesses evidence conviction cannot be recorded and also that relatives evidence needs corroboration. Accused has not explained as to what he was doing if he was present in the house after the occurrence. He did not prefer to file any report with the police. His conduct is also relevant. 7. Learned counsel for the respondent on the other hand submitted that though the reasoning of the High Court is not elaborate, but the conclusion is correct. According to him, the corroboration was necessary because of contradictions in the version of PW 10, his conduct in not lodging the FIR, improvements made during the evidence and his presence having not been established by any acceptable evidence. Finally it is submitted that motive was not established. The High Court relied on the decision in Anil Phukan v. State of Assam (1993 (3) SCC 282 ) to hold that corroboration was necessary because it was a case of single witness supporting the prosecution version and the witnesses relationship. 8. The High Court seems to have misread this Courts observation. The relevant observations read as follows: "Conviction can be based on the testimony of a single eye-witness and there is no rule of law or evidence which says to the contrary provided the sole witness passes the test of reliability. So long as the single eyewitness is wholly reliable witness the courts have no difficulty in basing conviction on his testimony alone. However, where the single eyewitness is not found to be a wholly reliable witness, in the scene that there are some circumstances which may show that he could have an interest in the prosecution, then the courts generally insist upon some independent corroboration of his testimony, in material particulars before recording conviction. It is only when the courts find that the single eyewitness is a wholly unreliable witness that his testimony is discarded in toto and no amount of corroboration can cure that defect." 9. Again in the same decision it was noted as follows: "Mere relationship of the witness with deceased is no ground to discard his testimony, if it is otherwise found to be reliable and trustworthy. In the normal course of events, a close relation would be the last person to spare the real assailant and implicate a false person. However, the possibility that he may also implicate some innocent person along with the real assailant cannot be ruled out and, therefore, as a matter of prudence, court should look for some independent corroboration of his testimony to decide about the involvement of the other accused in the crime." 10. In the instant case the evidence of PW-1 was not shaken in spite of incisive cross examination. The High Court seems to have taken exception to the credibility of his evidence on the ground that he had graphically described his movements with the accused and deceased. It is not clear as to how that can be the ground to discard his evidence. He has only described the movements during the relevant period of time from one place to another. For that it was not necessary to have photogenic memory as the High Court seems to have inferred. On the contrary these were mere description of the places which at the relevant time the PW-1 visited in the company of the accused and the deceased.11. At this juncture it is to be noted that though learned counsel for the respondent tried to highlight certain improvements in the version of the witness it is not of consequence. Irrelevant details which do in any way corrode the credibility of a witness cannot be levelled as omissions or contradictions. Interestingly in the cross examination of PW-1 the following suggestions was given to the witnesses: "Today I do not remember whether the accused had inflicted the said katari obliquely or straight." 12. The essence of the question appears to be that though the accused had given the katari blow, the witness did not remember whether it was inflicted obliquely or straight. This by itself may not be sufficient to fasten the guilt on the accused, but this is certainly a relevant factor. Additionally the conduct of the accused was highly suspicious. If he subsequently came to the house after the incident, he has not explained as to why he did not lodge any report with the police. That would have been his normal conduct, considering the fact that undisputedly the deceased breathed her last in the house itself. The effect of the unnatural conduct of the accused in strengthening the prosecution version has been highlighted by this Court in State of Karnataka v. K. Gopalakrishna [2005 (9) SCC 291.

Decision (1 = appeal accepted, 0 = rejected): 1

Explanation:
1[ds]8. The High Court seems to have misread this Courts observation. The relevant observations read ascan be based on the testimony of a single eye-witness and there is no rule of law or evidence which says to the contrary provided the sole witness passes the test of reliability. So long as the single eyewitness is wholly reliable witness the courts have no difficulty in basing conviction on his testimony alone. However, where the single eyewitness is not found to be a wholly reliable witness, in the scene that there are some circumstances which may show that he could have an interest in the prosecution, then the courts generally insist upon some independent corroboration of his testimony, in material particulars before recording conviction. It is only when the courts find that the single eyewitness is a wholly unreliable witness that his testimony is discarded in toto and no amount of corroboration can cure that defect.Again in the same decision it was noted asrelationship of the witness with deceased is no ground to discard his testimony, if it is otherwise found to be reliable and trustworthy. In the normal course of events, a close relation would be the last person to spare the real assailant and implicate a false person. However, the possibility that he may also implicate some innocent person along with the real assailant cannot be ruled out and, therefore, as a matter of prudence, court should look for some independent corroboration of his testimony to decide about the involvement of the other accused in the crime.In the instant case the evidence of PW-1 was not shaken in spite of incisive cross examination. The High Court seems to have taken exception to the credibility of his evidence on the ground that he had graphically described his movements with the accused and deceased. It is not clear as to how that can be the ground to discard his evidence. He has only described the movements during the relevant period of time from one place to another. For that it was not necessary to have photogenic memory as the High Court seems to have inferred. On the contrary these were mere description of the places which at the relevant time the PW-1 visited in the company of the accused and the deceased.11. At this juncture it is to be noted that though learned counsel for the respondent tried to highlight certain improvements in the version of the witness it is not of consequence. Irrelevant details which do in any way corrode the credibility of a witness cannot be levelled as omissions or contradictions. Interestingly in the cross examination of PW-1 the following suggestions was given to theI do not remember whether the accused had inflicted the said katari obliquely or straight.The essence of the question appears to be that though the accused had given the katari blow, the witness did not remember whether it was inflicted obliquely or straight. This by itself may not be sufficient to fasten the guilt on the accused, but this is certainly a relevant factor. Additionally the conduct of the accused was highly suspicious. If he subsequently came to the house after the incident, he has not explained as to why he did not lodge any report with the police. That would have been his normal conduct, considering the fact that undisputedly the deceased breathed her last in the house itself. The effect of the unnatural conduct of the accused in strengthening the prosecution version has been highlighted by this Court in State of Karnataka v. K. Gopalakrishna [2005 (9) SCC 291.