Saturday, September 6, 2014

Criminal Law - degree of credibility of testimony;

Pargan Singh Vs State Of Punjab & Anr. Crmnl Appeal 47 of 2014 d/d 5 Sep 2014


Offence : 

Appellants convicted under Section  302,  397  as  well  as Section 307 IPC read with Section 34 IPC.

Appeal resting on credibility of testimony of witnesses.

Decision :

19. The testimony of an injured  witness  requires  a higher degree of  credibility  and  there  have  to  be  strong  reasons  to describe the same. extra-judicial confession by its very  nature  is  rather  a  weak type of evidence and requires appreciation  with  great  deal  of  care  and caution. 

21. Where an extra-judicial  confession  is  warranted  by  suspicious circumstances,  its  credibility  becomes  doubtful   and   it   loses   its importance.   It  is  for  this  reason  that  Courts  generally  look   for independent reliable corroboration before placing any reliance upon  such  a confession.   

On the flip side : For the offence under Section 302 IPC, both the appellants were given the sentence of rigorous imprisonment of life and fine of Rs.50,000/- each and in default of payment of fine, they have to undergo further rigorous imprisonment for two years. For conviction under Section 307 IPC read with Section 34 IPC, sentence of 10 years rigorous imprisonment and fine of Rs.25,000/- is imposed and in default of payment of fine, they have to undergo further rigorous imprisonment for one year. Likewise, for offences under Section 397 IPC, rigorous imprisonment for a period of 10 years is imposed. All these sentences were ordered to run concurrently.

Is equating fine of every Rs 25,000/- with one year rigorous imprisonment just and fair?

Examine S. 397 of IPC for justness and fairness of such equation.

397. Robbery, or dacoity, with attempt to cause death or grievous hurt.—If, at the time of committing robbery or dacoity, the offender uses any deadly weapon, or causes grievous hurt to any person, or attempts to cause death or grievous hurt to any per­son, the imprisonment with which such offender shall be punished shall not be less than seven years.


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