FIRST LAW

SUPREME COURT OF INDIA | Ashok Bhushan & Navin Sinha , JJ. Crl.A. No. 1864 of 2009 06-08-2019 The Indian Penal Code, 1860 - Sections 302, 149 and 148 - Can the evidence of a solitary doubtful eye witness be sufficient for conviction ? Held, Conviction on basis of a solitary eye witness is undoubtedly sustainable if there is reliable evidence cogent and convincing in nature along with surrounding circumstances. The evidence of a solitary witness will therefore call for heightened scrutiny. But in the nature of materials available against the appellants on the sole testimony of PW-1 which is common to all the accused in so far as assault is concerned, we do not consider it safe to accept her statement as a gospel truth in the facts and circumstances of the present case. If PW-1 could have gone to the police station alone with her sister-in-law at an unearthly hour, there had to be an explanation why it was delayed by six hours. Given the harsh realities of...