Civil Procedure Code (CPC)

Accused must laid foundation that prosecution witness is int


 

Accused must laid foundation that prosecution witness is interested

 

Merely because the eye-witnesses are family members their evidence cannot per se be discarded. When there is allegation of interestedness, the same has to be established. Mere statement that being relatives of the 5
deceased they are likely to falsely implicate the accused cannot be a ground to discard the evidence which is otherwise cogent and credible. We shall also deal with the contention regarding interestedness of the witnesses for furthering prosecution version. Relationship is not a factor to affect credibility of a witness. It is more often than not that a relation would not conceal actual culprit and make allegations against an innocent person. 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 evidence to find out whether it is cogent and credible.
 
Supreme Court of India
Bhupendra Singh & Ors. vs State Of U.P. on 16 April, 2009
 
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