Probative Value of Independent Witnesses in Indian Courts

2024 0 Supreme(HP) 30

“21.......The evidence must be tested for its inherent consistency and the inherent probability of the story; consistency with the account of other witnesses held to be creditworthy..........the probative value of such evidence becomes eligible to be put into the scales for a cumulative evaluation ... It is not solely a matter of body language or the tone of voice or other factors that might generally be called the ‘demeanour’ of a #HL_STAR....

2024 Supreme(Online)(HP) 9382

Then the probative value of such evidence becomes eligible to be put into the scales for a cumulative evaluation.” 18. It was held in David Piper vs. ... It is not solely a matter of body language or the tone of voice or other factors that might generally be called the 'demeanour' of a witness. The judge should consider what other independent evidence would be available to support the witness. ... ASI Nan....

Such slight discrepancies cannot be deemed to affect the probability of the Prosecution case in the totality of the probative value of the evidence presented on behalf of the prosecution. ... The relative weight attached to the evidence of an interested witness who is a near relative of the accused or whose interests are closely identified with one party may not prevail over the testimony of an independent ....

2025 0 Supreme(All) 2887

In the case in hand the High Court has manifestly discussed the evidence that have been led, and finding it of probative value, has come to the conclusion that the conviction is above Appellate reproach correction and interference. ... (c) The evidence of injured witness has greater evidentiary value and unless compelling reasons exist, their statements are not to be discarded lightly. ... (c) The evidence of injured #HL....

2021 0 Supreme(J&K) 410

To put it differently, if the court thinks that the accused might have committed the offence on the basis of the materials on record on its probative value, it can frame the charge; though for conviction, the court has to come to the conclusion that the accused has committed the offence. ... Suresh Rajan, (2014) 11 SCC 709 : (2014) 3 SCC (Cri) 529 : (2014) 2 SCC (L&S) 721], adverting to the earlier decisions on the subject, this Court held: (SCC pp. 721-22, ....

2022 0 Supreme(Cal) 1317

Probative value is the probability of evidence to reach its proof purpose of a relevant fact in issue. ... In Gopal Das (supra) the distinction between admissibility and probative value has been lucidly explained. ... Admissibility of a document is one thing and its probative value quite another -these two aspects cannot be combined. A document may be admissible and yet may not carry any....

2023 0 Supreme(Jhk) 83

So far as the issue non-examination of independent witness is concerned, as one of the grounds taken by the appellants, it is well settled that even though the independent witnesses has described in the fardbeyan/F.I.R. and they could not be examined the prosecution story cannot vitiate. ... The legal system has laid emphasis on value, weight and quality of evidence rather than on quantity, multiplicity or plurality of wit....

2025 Supreme(Online)(Kar) 39036

The probative value of the evidence of Mr.Bharath M [PW.2]–though examined as an independent witness-is vastly undermined by the admitted fact that he was way behind the vehicle and that the accident was in front of him and within a narrow space. ... Shyamaprasad that the probative value of the photographs of the CCTV footage/footage of the accident would be highly probative#HL....

2023 0 Supreme(Cal) 850

Let me consider whether the probative value of FIR, charge sheet and post-mortem report including evidence of the PW-2 and PW2 can be brushed aside against the probative value of OPW-1 including his report. 26. ... Considering the probative value of the evidences of either parties in this case, I am of the opinion, that the evidence adduced by the claimants before the learned tribunal is....

2025 Supreme(Online)(J&K) 829

It is apparent that at the stage of framing of a charge, probative value of the materials on record cannot be gone into; the materials brought on record by the prosecution have to be accepted as true at that stage.” 58. ... At that stage, the court is not expected to go deep into the probative value of the material on record. What needs to be considered is whether there is a ground for presuming that the offence has been ....

2022 0 Supreme(Del) 1386

The said witness fails and the document produced are of no probative value.'

2020 0 Supreme(Cal) 414

Though a truthful and credible dying declaration may be the sole basis of conviction, as a rule of prudence I have made an endeavour to examine whether the dying declaration finds corroboration from other evidence on record particularly P.W. 8, who happens to be an eye-witness. Probative value of P.W. 8 (eye-witness) and other evidence:-

2013 0 Supreme(MP) 118

Needless to say this witness is an independent witness. Apart from this, Abbdul Mallick (P.W.-3), who is also a resident of defendant's own village, why he will depose against defendant.

2007 0 Supreme(Bom) 1386

However, the infirmities which radically change original version require serious consideration. In such a case it would be prudent to look for corroboration before relying on such tainted evidence. The discrepancies which appear because of the errors of observation, capacity of the witness to perceive, memorise, recall and reproduce past events can be termed as normal discrepancies. These discrepancies do not adversely affect probative value of the testimony of a witness.

2005 0 Supreme(Bom) 201

He, however, does not support the prosecution case and he was, therefore, declared hostile by the prosecution. Prosecution has then examined P. W. 3 Baluji Katke. This witness has been examined as an independent witness. Prosecution has then examined P. W. 4 Vasant Barse who was working as Rationing Inspector at the relevant time.