Evidence Of Police Officials Can't Be Disregarded Merely Because It Was Not Supported By Independent Witnesses:SC

The bench comprising Justice AM Khanwilkar and Justice Ajay Rastogi was dealing with contention in a criminal appeal (against conviction in a murder case) that the recovery memos has been attested by the police personnel themselves with no independent witnesses and a presumption with regard to statement by police officer as independent evidence cannot be presumed under Section 114 of the Evidence Act.

Placing reliance on Baldev Singh Vs. State of Haryana and Girja Prasad (Dead) by LRs Vs. State of M.P., the state contended that the recovery was proved by statements of police officers and merely because they are the police witnesses, their evidence cannot be disregarded as unworthy.

In Girja Prasad, it was observed that the presumption that every person acts honestly applies as much in favour of a Police Official as any other person. In Baldev Singh, the judgment in Girja Prasad was referred to and it was observed thus: "There is no legal proposition that evidence of police officials unless supported by independent evidence is unworthy of acceptance. Evidence of police witnesses cannot be discarded merely on the ground that they belong to police force and interested in the investigation and their desire to see the success of the case. Prudence however requires that the evidence of police officials who are interested in the outcome of the result of the case needs to be carefully scrutinized and independently appreciated. Mere fact that they are police officials does not by itself give rise to any doubt about their creditworthiness."

The bench, in this case (Kripal Singh vs. State of Rajasthan), observed: "The submission of the learned senior counsel for the appellant that recovery has not been proved by any independent witness is of no substance for the reason that in the absence of independent witness to support the recovery in substance cannot be ignored unless proved to the contrary. There is no such legal proposition that the evidence of police officials unless supported by independent witness is unworthy of acceptance or the evidence of police officials can be outrightly disregarded."

The bench finally dismissed the criminal appeal.

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