State Of Uttar Pradesh vs Survendra Kumar @ Sunil Kumar - S 27 Evidence Act - Independent Witness Turns Hostile

Indian Evidence Act 1872 - Section 27 - If an independent witness turns hostile that does not mean that the evidence in the form of panchnama is to be outright rejected or discarded. The Investigating Officer can definitely prove the contents of the panchanama. 45. However, the law expects the Investigating Officer to prove the contents of the panchnama in accordance with law. It is not just enough for the Investigating Officer to depose that he had drawn the panchnama in the presence of panch witnesses duly signed by the said witnesses and he himself. (Para 44-45)

Indian Evidence Act 1872 - Section 8 - Howsoever relevant the conduct of the accused may be under Section 8 of the Evidence Act, the same is not sufficient to hold the accused guilty of a serious offence like murder. (Para 53)

Criminal Trial - If the evidence of a solitary eye-witness is found to be true, trustworthy and reliable, then it is open for the Court to rely upon the same for the purpose of holding the accused persons guilty of alleged offence. Ordinarily the evidence of a solitary witness can be classified into three categories, (i) wholly reliable (ii) wholly un-reliable and (iii) neither wholly reliable nor wholly unreliable. 36. If the evidence of a solitary eye-witness is found to be wholly reliable, there is no problem in accepting the same, if he is found to be wholly unreliable, the court should discard it in toto. If a situation arises wherein the court finds the evidence of a solitary eye-witness neither wholly reliable nor wholly un-reliable, in such circumstances, the court insists for corroboration in material particulars. (Para 35-36)