Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(All) 102

HIGH COURT OF JUDICATURE AT ALLAHABAD
ANIL KUMAR-X, J.
Vishal Tyagi And Another - Appellants
Versus
State Of U.P. And Another – Respondents
CRIMINAL APPEAL No. - 10956 of 2025
Decided On : 27-01-2026

Advocates Appeared:
For the Appellant : Vivek Sharma
For the Respondent: G.A.

Testimony of hostile witnesses cannot solely sustain a conviction unless corroborated by independent evidence, reaffirming due process and evidentiary standards.

Headnote:(A) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Section 3(1)(da) - Indian Penal Code, 1860 - Sections 504 and 506 - Appeal against conviction - Accused convicted under IPC and acquitted of SC/ST Act charges; the learned trial court relied on the testimony of a hostile witness without sufficient corroboration, rendering findings legally unsustainable - Court held that merely relying on a hostile witness's testimony without corroboration, particularly from the Investigating Officer, is erroneous and unduly punitive given the lack of substantial evidence. (Paras 6-17).

Facts of the case:
Appeal arises from a conviction where the appellants were accused of caste-based offences but cleared of charges under the SC/ST Act. The informant alleged verbal abuse and threats by the accused, whom he claimed to have confronted regarding financial matters. None but the informant testified against the accused.

Findings of Court:
The learned trial court's judgment relied on the testimony of the informant despite him turning hostile, without corroboration from other witnesses.

Issues: The main issues revolved around the reliability of a hostile witness's testimony and the sufficiency of corroborative evidence to sustain a conviction.

Ratio Decidendi: The court emphasized that testimony from hostile witnesses cannot form the backbone of a conviction unless corroborated by reliable evidence. Thus, the previous legal principles regarding the need for confrontation and corroboration were reiterated.

Result: Appeal allowed; conviction set aside.

Table of Content
1. criminal appeal under sc/st act (Para 1 , 2 , 3)
2. details of fir and witness statements (Para 4 , 5 , 6)
3. trial court reliance on hostile witnesses (Para 7 , 8)
4. arguments on behalf of appellants and state (Para 10 , 11)
5. court's review of trial court's findings (Para 12 , 13)
6. important principles on witness testimony and corroboration (Para 14 , 15 , 16 , 17)
7. conclusion overturning trial court's decision (Para 18)

JUDGMENT :

ANIL KUMAR-X, J.

1. Heard Shri Vivek Sharma, learned counsel for the appellants, and Shri K.K. Gupta, learned AGA for the State. None has appeared on behalf of the respondent/informant to oppose the appeal despite notice, as per office report, has been duly served on him.

2. This criminal appeal under Section 14-A(1) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the 'SC/ST Act') has been preferred by the appellants - Vishal Tyagi and Samod Kumar @ Samod Kumr Tyagi with a prayer to allow the appeal and set aside the judgment and order dated 01.10.2025 passed by the Additional District and Sessions Judge/Special Judge (SC/ST Act), Amroha, in S.S.T. No. 462 of 2020 (State vs. Vishal Tyagi and another), arising out of Case Crime No. 08 of 2020, under Sections 504, 506 Part-I IPC and Section 3(1)(da) of the SC/ST Act, Police Station Adampur, District Amroha.

3. By the impugned judgment dated 01.10.2025, the accused Vishal Tyagi and Samod Kumar Tyagi were convicted under Sections 504 and 506 Part-I IPC and acquitted of the charge under Section 3(1)(da) of the SC/ST Act. Instead of sentencing, the learned trial court extended the benefit of probation to the accused persons and directed their release on furnishing a bond in an amount to be determined by the office, with or without surety, before the District Probation Officer for maintaining peace and good behaviour for a period of one year, with a stipulation that in case of default, the question of punishment may be considered. Further, under Section 5 of the Probation of Offenders Act, the accused were directed to pay compensation of Rs. 25,000/- to the victim/informant.

Factual matrix of case

4. First information report (Ex. Ka-1) was lodged by PW-1 Chhotey Lal, In-charge Principal, Gramodyay Inter College, Gangeswari, District Amroha, at Police Station Adampur. The informant alleged that the accused Vishal Tyagi, Clerk, and Samod Kumar Tyagi, Assistant Teacher, abused him and used caste-based slurs when he asked them to produce the salary slip of the month of November. It was further alleged that other teachers present in the office intervened and took the accused persons out of the office. On the basis of the written report, an FIR in Case Crime No. 008 of 2020 under Sections 504 and 506 IPC was registered against the accused persons. During investigation, PW-6, Circle Officer Satyendra Singh, conducted the investigation and submitted a charge-sheet against the accused persons under Sections 504, 506 IPC and Section 3(1)(da) of the SC/ST Act.

5. The prosecution examined six witnesses to substantiate its case. PW-1 Chhotey Lal stated that he was posted as In-charge Principal of Gramodyay Inter College Gangeswari on 27.11.2019. On the said date, accused Vishal Tyagi came to his office and requested him to pass the salary bill for the month of December. When PW-1 asked him to place the pay bill of November 2019 first, the accused refused. Thereafter, accused Vishal Tyagi arrived along with his uncle, accused Samod Tyagi, and both started abusing and threatening him. On hearing the commotion, other teachers came to the office and intervened, thereby taking the accused persons out. PW-1 further stated that both accused abused him and used caste-based slurs in the presence of other teachers.

6. PW-2 Mahendra Singh stated that on the alleged date he was teaching in his class and around 2:00 p.m. he heard noises from the Principal’s office. He stated that both accused were posted in t