S. Ramakrishnan v. Revenue Divisional Officer - CrPC/BNSS - Suspension Of Life Imprisonment Sentence

Code of Criminal Procedure 1973 - Section 389 :: Bharatiya Nagarik Suraksha Sanhita 2023 - Section 430- When the Court is called upon to consider the plea for suspension of a substantive order of life imprisonment, the considerations are different. In cases of fixed sentence, the Appellate Court may consider the plea liberally unless there are exceptional circumstances to deny suspension. When it comes to life imprisonment, the Appellate Court should consider whether there is anything palpable or anything on the face of the record on the basis of which it could be said that the appellant has fair chances of succeeding in his appeal and getting acquitted. (Para 13) [Context: In this case, Supreme Court allowed appeal and suspended the life imprisonment sentence of the accused noticing that prima facie, the oral evidence does not inspire confidence.]

Criminal Trial - Conviction can be based on the evidence of a solitary eye-witness provided it is found to be wholly reliable. If it is found to be wholly unreliable, then there is no problem in discarding the entire evidence. There could be a third category wherein the Court may find the evidence of a solitary eye-witness is neither wholly reliable nor wholly unreliable and in such a situation, the Court must insist for corroboration in material particulars. (Para 16)