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Non-Examination Of Independent Witnesses Not Fatal To Prosecution Case, Reiterates Supreme Court

The Supreme Court reiterated that non-examination of independent witnesses is not fatal to the case of the prosecution when other prosecution witnesses are found to be trustworthy and reliable. The Court observed thus while dismissing an appeal against Allahabad High Court judgment which had reversed the judgment and order of acquittal passed by the trial Court acquitting the accused in a murder case. One of the accused approached the Apex Court by filing an appeal. Before the Apex Court, he contended that all the prosecution witnesses, so called eyewitnesses, are all related and interested witnesses. It was further contended that no independent witness has been examined and that the prosecution witnesses are chance witnesses. Referring to the High Court judgment, the bench observed that when there are clinching evidence of eyewitnesses, mere non-examination of some of the witnesses/independent witnesses and/or in absence of examination of any independent witnesses would not be fatal to the case of the prosecution.

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