Ipc 294(b), 341, 506

Rasheedkhan (Querist) 15 April 2012 This query is : Resolved
How to prove with out any oral evidence the above 3 section to investigating officer. Complainant is senior citizen aged 75 years. He was threatened by accused under section IPC 294(b), 341, 506 FIR registered. We do not have any evidence to prove. How to get justice for this?

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Devajyoti Barman (Expert) 15 April 2012
I regret without proof no case stands.
However if the sole testimony is sufficient the court on the basis of sole eye witness can convict the accused.

Raj Kumar Makkad (Expert) 15 April 2012
Sole evidence of the complainant is also sufficient if the same proves the commission of the offence.

prabhakar singh (Expert) 15 April 2012
कई बार, खास कर अगर पूर्व की कोई दुश्मनी न सिद्ध हो, तब अपराध भोक्ता[विक्टिम ] का कथन भी आरोपी को अपराधी सिद्ध कर सकता है .

धन्यवाद् ,
भवदीय
प्रभाकर सिंह

Adv.R.P.Chugh (Expert) 15 April 2012
Investigating Officer should record the statements of all concerned including you. Your statement may not be enough. Your relatives may be witnesses (the fact that a person is a related witness does not automatically discredit him - but the courts would proceed with caution). Also remeber direct evidence (eye - witness testimony) is not required, if there was nobody there - it is unnatural for the court to insist on independent testimony - circumstantial evidence may come to your aid. The entire story would be re-created through circumstances (Last seen together/Motive etc) which if inspires confidence and unerringly points to the guilt of the accused - may result in conviction.

Shonee Kapoor (Expert) 15 April 2012
Sole unimpeached testimony is taken as enough evidence.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Raj Kumar Makkad (Expert) 15 April 2012
Conviction can be based on testimony of a single eye witness provided his testimony is found reliable and inspires confidence;

Anil Phukan v. State of Assam, 1993 (1) Crimes 1180 (SC).

PARTHA P BORBORA (Expert) 15 April 2012
Just told actual facts. Do not add anything to fulfill the requirements of any section because it sometimes produce fatal consequences for the prosecution. Your statement should be purely based on actual facts. If there is no witness other then the informant, it does not mean that your case will not stand. If the evidence of single witness is trustworthy it may be sufficient to warrent the conviction of the accused.