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Tuesday, June 4

No prohibition to the effect that a policeman cannot be a witness

Rohtash Kumar vs. State of Haryana, Criminal Appeal No.  896 of 2011, Decided on May 29, 2013
The Hon’ble Supreme Court held:

The term witness, means a person who is capable of providing information by way of deposing as regards relevant facts, via an oral statement, or a statement in writing, made or given in Court, or otherwise.
         
Thus, a witness is normally considered to be independent, unless he springs from sources which are likely to be tainted and this usually means that the said witness has cause, to bear such enmity against the accused, so as to implicate him falsely. In view of the above, there can be no prohibition to the effect that a policeman cannot be a witness, or that his deposition cannot be relied upon.” [Para 23

The Court referred following case laws:

Pradeep Narayan Madgaonkar & Ors. v. State of Maharashtra, AIR 1995 SC 1930, wherein the SC examined the issue of the requirement of the examination of an independent witness, and whether the evidence of a police witness requires corroboration. The Court herein held, that the same must be subject to strict scrutiny. However, the evidence of police officials cannot be discarded merely on the ground that they belonged to the police force, and are either interested in the investigating or the prosecuting agency. However, as far as possible the corroboration of their evidence on material particulars, should be sought.

The Court also noted following cases:

Paras Ram v. State of Haryana, AIR 1993 SC 1212
Balbir Singh v. State, (1996) 11 SCC 139
Kalpnath Rai v. State (Through CBI), AIR 1998 SC 201
M. Prabhulal v. Assistant Director, Directorate of Revenue Intelligence, AIR 2003 SC 4311
Ravinderan v. Superintendent of Customs, AIR 2007 SC 2040
Nika Ram v. State of Himachal Pradesh, AIR 1972 SC 2077
Ganeshlal v. State of Maharashtra, (1992) 3 SCC 106)

To see full text follow the link:
http://judis.nic.in/supremecourt/imgs1.aspx?filename=40444