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november 1975

Supreme Court of India · 1975-11-06

BADRI vs STATE OF RAJASTHAN

Citation / case number
SC 1972/60210
Court
Supreme Court of India
Petitioner
BADRI
Respondent
STATE OF RAJASTHAN
Author
P.K. GOSWAMI
Bench
P.K. GOSWAMI

Judgment text excerpt

The Supreme Court held that the mere fact that a witness's statement was recorded under Section 164 of the Code of Criminal Procedure does not automatically render their testimony suspect. The Court found that the evidence of P.W. 1, the sole eyewitness, was not absolutely reliable and required corroboration, which was not sufficiently provided by P.W. 5. The discrepancies in P.W. 1's statements and the lack of cross-examination of P.W. 5 led to the conclusion that the conviction could not be upheld, resulting in the allowance of the appeal.

BADRI vs STATE OF RAJASTHAN · Niyam