MOHAMMAD KALEEM versus STATE OF UTTAR PRADESH & ORS.
The Trial Court applied a higher-than-appropriate standard and engaged in excessive pre-trial scrutiny by treating minor or isolated inconsistencies as fatal rather than assessing the cumulative weight of testimony. The testimony on oath of three witnesses, including the complainant, met the 'strong and cogent' standard required under Section 319 CrPC. The judgments of the Trial Court and High Court were therefore set aside and the proposed additional accused were ordered to be produced and proceeded with in accordance with law.
Source excerpt
- Section 319 crpc
- Summoning additional accused
- Pre-trial scrutiny
- Standards of evidence