JAKKI @ SELVARAJ AND ANR. versus STATE REP. BY THE IP, COIMBATORE

JAKKI @ SELVARAJ AND ANR. versus STATE REP. BY THE IP, COIMBATORE

Conviction of two appellants justified on basis of credible evidence of PW-13, corroborated by medical evidence, notwithstanding acquittal of other accused. Testimony can be partly relied on; maxim of falsus in uno falsus in omnibus does not apply in India.

Source-derived case information.

Parties
Appellant: Jakki@ Selvaraj and another; Respondent: State Rep. by the JP, Coimbatore
Jurisdiction
India
Judgment Date
14 February 2007
Procedural Posture
Criminal Appeal / Appeal Against Conviction From High Court
Outcome
Appeal dismissed; conviction of appellants upheld.
Legal Topics
Murder, Credibility of Witnesses, Falsus in Uno Falsus in Omnibus, Sections 148 and 302 IPC, Oral Evidence Discrepancies
Criminal Law Murder Credibility of Witnesses Falsus in Uno Falsus in Omnibus Sections 148 and 302 IPC Oral Evidence Discrepancies

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Parties

Jakki@ Selvaraj and another

Appellant

State Rep. by the JP, Coimbatore

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction From High Court

Legal Issues

  1. 1 Whether conviction of appellants based on evidence of sole eyewitness (PW-13) is sustainable even when other accused are acquitted
  2. 2 Applicability of falsus in uno falsus in omnibus to Indian criminal trials
  3. 3 Effect of discrepancies in oral evidence on prosecution case

Ratio Decidendi

Conviction of two appellants justified on basis of credible evidence of PW-13, corroborated by medical evidence, notwithstanding acquittal of other accused. Testimony can be partly relied on; maxim of falsus in uno falsus in omnibus does not apply in India.

Court Disposition

Appeal dismissed; conviction of appellants upheld.

Orders

  • Appeal dismissed
  • Conviction of appellants for offences under sections 148 and 302 IPC confirmed