Harvinder Singh @ Bachhu V. The State of Himachal Pradesh,
Criminal APPEAL No. 266-267 OF 2015
While overturning the Himachal Pradesh High Court’s ruling, which said that Prosecution Witness (PW) 1’s testimony had to be accepted because he was an educated and devout individual, the Bench of Justices MM Sundresh and JB Pardiwala made these observations. The Supreme Court clarified that a witness’s reputation can be ascertained by considering their “conduct as a witness,” as specified in Section 8 of the Evidence Act, by stating: According to Section 8 of the Evidence Act, a witness’s behaviour is a relevant factor in determining, establishing, and proving their reputation. It further stated that their reputation was not as important when a witness’s behaviour deviated from typical human behaviour.
It stated that the prosecution had not proven the accusations beyond a reasonable doubt and that the trial court had provided strong justification for its decision to grant an acquittal.
The bench also commented on the case’s use of circumstantial evidence, double presumption, and the absence of meaningful witness cross-examination.
Issue:
In a decision released on October 13, 2023, the Supreme Court addressed the question of whether a person’s high school degree and their reputation as a God-fearing person may be enough to help them gain favour. The Himachal Pradesh High Court used PW1, a knowledgeable and devout witness, as testimonial evidence in a case challenging a murder and attempted rape conviction.
Facts of the Case:
The appellant’s acquittal by the lower court was overturned by the High Court, which found him guilty of attempted rape and murder. The testimony of PW1, who was thought to be an intelligent and devout man, served as a major foundation for the High Court’s decision. The High Court found that PW1’s background made his testimony credible.
Arguments Presented by Parties:
- According to the prosecution, PW1’s well-educated and devout background should provide weight to his testimony and support the appellant’s conviction.
- The defence contended that PW1’s reputation and character were overly relied upon by the High Court. They argued that under Section 8 of the Evidence Act, the court ought to consider both the witness’s demeanour and all of the evidence presented.
The reasoning for the Judgment:
Character and reputation are closely related, according to a ruling by Justices M. M. Sundresh and J. B. Pardiwala of the Supreme Court. However, they pointed out that if a witness’s behaviour raises questions, a court shouldn’t rely solely on their past, especially in an appeal hearing. Under Section 8 of the Evidence Act, a witness’s actions are crucial in determining their reputation.
Judgment:
The trial court’s verdict of acquittal was upheld by the Supreme Court, which reversed the High Court’s ruling. The prosecution had not shown its case beyond a reasonable question, the court said, so the appellant was entitled to the benefit of the doubt. The lower court’s acquittal was reinstated after it was decided that the finding of the High Court was unreasonable.
Adv. Khanak Sharma (D\1710\2023)
Leading the charge in international pharmacy standards.
can you buy cheap lisinopril price
They always offer alternatives and suggestions.
The pharmacists are always updated with the latest in medicine.
how to get cheap clomid online
A trailblazer in international pharmacy practices.
Their global medical liaisons ensure top-quality care.
can i buy cheap cipro prices
Always responsive, regardless of time zones.
Always greeted with warmth and professionalism.
drug interaction lyrica and gabapentin
I always feel valued and heard at this pharmacy.
The staff provides excellent advice on over-the-counter choices.
where can i get cytotec pills in south africa
Consistently excellent, year after year.
https://semaglupharm.shop/# symptoms of semaglutide
Where to buy Semaglutide legally: Rybelsus online pharmacy reviews – Rybelsus online pharmacy reviews
Buy cholesterol medicine online cheap Crestor Pharm rosuvastatin muscle twitching
Crestor Pharm: CrestorPharm – crestor doses available
http://semaglupharm.com/# Semaglutide tablets without prescription
https://crestorpharm.shop/# CrestorPharm
what are the doses of semaglutide: SemagluPharm – Affordable Rybelsus price
prednisone 10 mg canada prednisone oral PredniPharm
Crestor Pharm: CrestorPharm – Crestor Pharm
http://semaglupharm.com/# SemagluPharm
Predni Pharm: Predni Pharm – PredniPharm
Semaglu Pharm Semaglu Pharm Online pharmacy Rybelsus
Predni Pharm: PredniPharm – Predni Pharm
http://semaglupharm.com/# rybelsus alternatives
http://crestorpharm.com/# Crestor Pharm
Crestor Pharm Buy statins online discreet shipping does crestor cause erectile dysfunction
Predni Pharm: buy 40 mg prednisone – generic prednisone otc
Affordable Rybelsus price: semaglutide vs zepbound – Semaglu Pharm
http://semaglupharm.com/# No prescription diabetes meds online
can atorvastatin cause dizziness: No RX Lipitor online – Lipi Pharm
https://semaglupharm.shop/# how much weight can you lose with semaglutide
PredniPharm buy prednisone online usa cheap prednisone 20 mg
Order rosuvastatin online legally: what happens if you stop taking rosuvastatin – does rosuvastatin raise blood pressure
https://lipipharm.shop/# No RX Lipitor online
Predni Pharm: PredniPharm – Predni Pharm
http://semaglupharm.com/# Semaglu Pharm
http://semaglupharm.com/# SemagluPharm
LipiPharm LipiPharm FDA-approved generic statins online
order prednisone on line: PredniPharm – prednisone 20 mg in india
SemagluPharm: Semaglu Pharm – Semaglu Pharm
http://semaglupharm.com/# over the counter semaglutide
Semaglu Pharm Semaglu Pharm Order Rybelsus discreetly
Semaglu Pharm: does rybelsus cause insomnia – Semaglu Pharm
atorvastatin intensity: LipiPharm – when to take atorvastatin dosage
https://prednipharm.com/# Predni Pharm
https://semaglupharm.com/# Semaglu Pharm
LipiPharm Lipi Pharm Generic Lipitor fast delivery
ezetimibe and crestor: CrestorPharm – Rosuvastatin tablets without doctor approval
Lipi Pharm: LipiPharm – Safe atorvastatin purchase without RX
http://semaglupharm.com/# SemagluPharm
SemagluPharm Rybelsus online pharmacy reviews SemagluPharm
Generic Lipitor fast delivery: lipitor and – Lipi Pharm
Where to buy Semaglutide legally: Semaglu Pharm – No prescription diabetes meds online
https://crestorpharm.com/# CrestorPharm
https://semaglupharm.com/# is metformin a semaglutide
Rybelsus for blood sugar control: how long has semaglutide been on the market – SemagluPharm
Safe atorvastatin purchase without RX: FDA-approved generic statins online – Lipi Pharm
https://semaglupharm.shop/# Semaglu Pharm
FDA-approved generic statins online LipiPharm what is atorvastatin 80 mg used for
LipiPharm: what should be avoided when taking lipitor? – Lipi Pharm
no prescription prednisone canadian pharmacy: prednisone in india – purchase prednisone
https://indiapharmglobal.com/# India Pharm Global
https://indiapharmglobal.shop/# India Pharm Global
top 10 pharmacies in india India Pharm Global best online pharmacy india
canadian pharmacy no rx needed: Canada Pharm Global – safe canadian pharmacy
best online pharmacies in mexico: Meds From Mexico – mexico drug stores pharmacies
https://medsfrommexico.shop/# Meds From Mexico
Online medicine home delivery: mail order pharmacy india – India Pharm Global
Meds From Mexico Meds From Mexico п»їbest mexican online pharmacies
https://canadapharmglobal.com/# ordering drugs from canada
Meds From Mexico: pharmacies in mexico that ship to usa – buying prescription drugs in mexico online
https://medsfrommexico.com/# reputable mexican pharmacies online
canadian discount pharmacy: Canada Pharm Global – canadian pharmacy world
Meds From Mexico mexican pharmaceuticals online Meds From Mexico
https://canadapharmglobal.com/# canada drug pharmacy
Meds From Mexico: mexican mail order pharmacies – Meds From Mexico
Meds From Mexico: Meds From Mexico – Meds From Mexico