State Of Uttar Pradesh vs Raghuvir Singh - Criminal Trial - Defence Witnesses

Criminal Trial - The evidence tendered by the defence witnesses cannot always be termed as a tainted one - The defence witnesses are entitled to equal treatment and equal respect as that of the prosecution. The issue of credibility and the trustworthiness ought also to be attributed to the defence witnesses at par with that of the prosecution- The trial Judge owes a responsibility to weigh the probability of the prosecution evidence, which he has to do for arriving at the decision whether the prosecution allegations have been proved by the standard laid down in Section 3 of the Evidence Act. In so weighing the probability of the prosecution allegations, of necessity, other probabilities also appearing from the evidence brought before the Court have to be considered for comparative assessment which of the probabilities should be accepted as a fact proved. If, from the evidence, any probability consistent with the innocence of the accused is equally strong as the probability pointing to his guilt, then on the strength of the presumption of innocence in favour of the accused, it could be said that the prosecution has failed to prove its allegations. Even if the probability consistent with innocence is not equally strong with other probability of his guilt, yet the probability of innocence is such as would cast a doubt, then it may be a case of reasonable doubt, the benefit of which must go to the accused. That being so, it is incumbent upon the trial Judge to consider all the probabilities that appear from the evidence before him and he cannot afford to be credulous and omit to consider reasonable probabilities. (Para 39-40)

Criminal Trial - Mere delay in registering the FIR by itself may not render the entire case of the prosecution more particularly, the oral version of the eye- witnesses, doubtful. However, delay in the registration of the FIR should be looked into considering the other infirmities emerging from the case of the prosecution. (Para 35)