KULDEEP SINGH, S.SAGHIR AHMAD
Kartik Malhar – Appellant
Versus
State of Bihar – Respondent
“It was also submitted on behalf of the appellant that assuming the unsworned evidence was admissible the court could not act upon it unless it was corroborated. In England, where provision has been made for the reception of unsworned evidence from a chi1d, it has always been provided that the evidence must be corroborated in some material particularly implicating the accused. But in the Indian Act there is no such provision and the evidence is made admissible whether corroborated or not. Once there is admissible evidence a court can act upon it; corroboration unless required by statute goes only to the weight and value of the evidence. It is a sound rule in practice not to act on the uncorroborated evidence of a child, whether sworn or unsworned but, this is a rule of prudence and not of law.”
The Privy Council decision was considered by 'this Court in Vadivelu Thevar v. The State of Madras2, in which it was observed as under:
"On a consideration of the relevant authorities arid the provisions of the Evidence Act, the following propositions may be safely stated as firmly established:
(1). As a general rule, a court can and may act on the testimony of a single witness though un
Mohamad Sugal Esa Mamasan Fer Alslan v. The King; AIR 1946 PC 3.
Vadivelu Thevar v. State of Madras; AIR 1957 SC 614: Relied on.
Ramratan & Ors. v. State of Rajasthan; AIR 1962 SC 424.
Guli Chand & Ors. v. State of Rajasthan; AIR 1974 SC 276.
Badri v. State of Rajasthan; AIR 1976 SC 560.
Vanula Bhushan @ Venuna Krishnan v. State of Tamil Nadu; AIR 1989 SC 236.
Jagdish Prasad v. State of M.P.; AIR 1994 SC 1251.
State of Haryana v. Manoj Kumar; 1994(1) SCC 495.
Peddireddi Subbareddi v. State of A.P.; AIR 1991 SC 1356.
Anil Pukhan v. State of Assam; AIR 1993 SC 1462.
Ram Kumar v. State of D.P.; AIR 1992 SC 1602.
Mst. Dalbir Kaur & Ors. V. State of Punjab; AIR 1977 SC 472: Relied on.
Dalip Singh v. State of Punjab; 1954 SCR 145: AIR 1953 SC 364.
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