Prime witness evidence unreliable unless creditworthy: High Court
Kolkata: Observing that evidence by prime witnesses can’t be relied upon unless it is credit worthy, Calcutta High Court acquitted a man accused of voluntarily causing hurt using a dangerous weapon in 2008.
The bench of Justice Prasenjit Biswas was moved by the appellant (accused) challenging the conviction by the trial court under Section 324 IPC. The victim’s wife lodged a complaint that her husband was grazing cattle in a field when it strayed onto the appellant’s land, damaging crops. The appellant and his sons assaulted her husband, causing head and leg injuries. The victim had to be hospitalised. The trial court had acquitted two others but convicted the present appellant.
The defence counsel submitted that the prosecution witnesses (victim, complainant and a victim’s kin) provided contradictory statements regarding the incident, including location of grazing site and involvement of the accused. The alleged weapon, a Hansua (sickle), was not seized by the investigating officer (IO). Injuries sustained were described as “simple/severe”. Several witnesses were not examined and prosecution failed to establish appellant’s intent towards the alleged attack.
The court noted that the injury report stating “simple/severe” reflected uncertainty. It also lacked the signature or thumb impression of the victim or his kin. A deep cut injury was confirmed but no history of assault in the bed-head ticket and the scalp injury was not documented. Contradictory testimonies about the grazing site and the attackers were also noted.
The prosecution’s failure to seize the alleged weapon weakened the case under Section 324 IPC which requires proof of a dangerous weapon, the court observed, noting that prosecution also did not challenge the acquittal of the two other co-accused based on the same evidence.
The court found the prosecution’s evidence “unworthy of credit” due to contradictions and lack of corroboration. Even the victim’s testimony, which could suffice without corroboration if unimpeachable, failed to meet this standard.
