Monday 29 April 2024

Whether the court can rely on evidence of mother of rape victim?

 The next question is whether the mother can be regarded as an "independent" witness. So far as this case is concerned, I have no doubt on that score. It may be that all mothers may not be sufficiently independent to fulfill the requirements of the corroboration rule but there is no legal bar to exclude them from its operation merely on the ground of their relationship. Independent merely means independent of sources which are likely to be tainted. In the absence of enmity against the accused there is no reason why she should implicate him falsely. It is true the accused suggested that they were on bad terms but that has not been believed by anyone. {Para 37}


Criminal Appeal No. 2 of 1951

Decided On: 20.12.1951

Rameshwar Vs. The State of Rajasthan

Hon'ble Judges/Coram:

Saiyid Fazl Ali and Vivian Bose, JJ.

Authored By : Vivian Bose, Saiyid Fazl Ali

Vivian Bose, J.

Citation:  MANU/SC/0036/1951,1951SCC 1213,1951 SCCONLINE SC 83,AIR 1952 SC 54.

Read full Judgment here: Click here.

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