Recognition of accused by witness who saw him for the first time during the crime is a weak evidence:SC

25th Oct,2021

Recognition of accused by witness who saw him for the first time during the crime is a weak evidence:SC



The top court has said, identification of an accused in the court by a witness who has seen him for the first time during the crime is a weak piece of evidence, especially when there is a large time lapse between the dates of the incident and recording of his evidence.

The observation came on a plea filed by four people convicted under Section 55(a) of the Kerala Abkari Act for transporting spirits.

That the four people transported a total quantity of 6,090 litres of spirits in 174 plastic cans in a truck with forge registration number plates and without consent.

The supreme court rejected the testimony of a witness as he had said that he was not able to identify any persons whom he had seen 11 years back.

However, he had recognised the two accused though he had seen them for the first time more than 11 years back on the date of the incident.

The top court said that it is very hard to believe that the witness who was not knowing the accused Nos. 2 and 4 prior to the incident could recognise them in the Court after a gap of 11 years and the same is the case with all the official witnesses.