IMPORTANT POINT
Conviction can be based on evidence of sole eye witness, if reliable

JUDGMENT :

N.V. RAMANA, J.

1. These appeals by special leave are directed against the judgment and order dated 01.10.2010 passed by the High Court of Judicature at Bombay, Bench at Nagpur, in Criminal Appeal Nos. 130, 343 and 403 of 2004.

2. The prosecution has levelled allegations against two accused in these appeals. Accused No. 1—Ajay, was charged with the offence of committing murder of one Rakesh Dattaji Chavan while accused No. 2 (respondent herein) was charged for committing the offences punishable under Section 201 read with Section 34, IPC for allegedly destroying the evidence by cutting the corpse of the deceased Rakesh Dattaji Chavan into pieces and disposing them. The trial Court convicted and sentenced accused No. 2—respondent herein to suffer rigorous imprisonment for three years and to pay a fine of Rs.500/-, in default, to further suffer rigorous imprisonment for a period of six months.

3. Having been aggrieved with the conviction and sentence, the respondent filed Criminal Appeal before the High Court which came to be allowed. As a matter of fact, two more criminal appeals were also filed before the High Court, one by the co-accused (accused No. 1) against his conviction and sentence and the other by the State seeking enhancement of sentence against the accused. By the judgment impugned herein, the High Court while dismissing the appeal of the State, allowed the appeals filed by the accused and acquitted them of the charges.

4. Dissatisfied with the impugned judgment, three criminal appeals i.e. Criminal Appeal No. 1871 of 2013, against the respondent herein who is accused No. 2, Criminal Appeal No. 1872 of 2013 (against accused No.1) and Criminal Appeal No. 1873 of 2013 (against accused No.1) have been filed before this Court by the State of Maharashtra. In view of failure of the State despite according several opportunities to furnish correct address of accused No. 1 for effecting service in Criminal Appeal Nos. 1872 and 1873 of 2013, the Judge-in-Chamber of this Court finally passed an order dated 15th December, 2016 in the following terms:

“Learned counsel for the appellant is granted four weeks’ further time, finally, to furnish the latest and correct address of the unserved common sole respondent in Criminal Appeal Nos. 1872 and 1873 of 2013, failing which, the Criminal Appeal Nos. 1872 and 1873 of 2013 shall stand dismissed without further reference to the Court.”

5. In spite of the aforesaid order, the appellant—State of Maharashtra has not complied with the directions of Judge-in-Chamber. Consequently, Criminal Appeal Nos. 1872 and 1873 of 2013 stood dismissed for non prosecution. Hence, we are now concerned with Criminal Appeal No. 1871 of 2013 only against respondent herein i.e. accused No. 2.

6. We have heard learned counsel for the appellant -State as well as learned counsel appearing on behalf of the respondent – accused, and gone through the material on record.

7. Undoubtedly, out of 23 prosecution witnesses, the evidence of PW7—Pushpabai is crucial in this case as she was presented as the sole eye-witness who had seen the accused No. 2 along with accused No. 1, cutting the corpse of the deceased into pieces. Apparently, there was no other witness who had last seen the accused in the company of deceased prior to the place and time of occurrence. When the entire case hinges on the evidence of a sole witness, a paramount duty is cast on the Court to carefully scrutinize such evidence and find out whether such evidence is worth credence or not. Before assessing the evidence of PW7, we find it appropriate to note some of the views expressed by this Court on this aspect.

8. In Joseph v. State of Kerala, (2003) 1 SCC 465 this Court has observed that where there is a sole witness, his evidence has to be accepted with an amount of caution and after testing it on the touchstone of other material on record. In State of Haryana v. Inder Singh, (2002) 9 SCC 537 this Court has laid down that the testimony of a sole wi