Contradiction On Case’s Crucial Aspects Totally Discredits Witness Statement, Makes It Unreliable: Jammu & Kashmir High Court

Case: STATE OF J&K Vs FEROZ AHMAD NAJAR & ANR.

Coram: Justice Sanjay Dhar

Case No.: CRAA No.09/2018

Court Observation: “It is true that even if defence is successful in contradicting a witness, it would not always mean that the contradiction in her two statements would result in totally discrediting this witness but when the contradiction relates to vital aspects of the case and the version of occurrence given in previous statement by a witness is entirely different from the version of occurrence given by such witness during the trial of the case, it does definitely make the statement of such witness unreliable and untrustworthy”.

“In the instant case, as already discussed, the statement of the prosecutrix is unworthy of credit. Therefore, the accused cannot be held guilty on the basis of the said statement. There is no corroboration to her statement”

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Contradiction On Case’s Crucial Aspects Totally Discredits Witness Statement