Injured witness - Litigating Hand

Injured witness must be given due weightage being a stamped witness

Kalabhai Hamirbhai Kachhot vs. State of Gujarat [Criminal Appeal No. 216 of 2015]

RELEVANT PARAGRAPH

…..27. The evidence of an injured witness must be given due weightage being a stamped witness, thus, his presence cannot be doubted. His statement is generally considered to be very reliable and it is unlikely that he has spared the actual assailant in order to falsely implicate someone else. The testimony of an injured witness has its own relevancy and efficacy as he has sustained injuries at the time and place   of   occurrence and   this lends   support   to   his testimony   that   he   was   present   during   the occurrence. Thus, the testimony of an injured witness is accorded a special status in law. The witness would not like or want to   let   his   actual   assailant   go   unpunished merely   to implicate a third person falsely for the commission of the offence. Thus, the evidence of the injured witness should be relied upon unless there are grounds for the rejection of his evidence on the basis of major contradictions and discrepancies therein.