AI Overview...
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Legality of Fardbeyan Statements by Minors - Courts have upheld the admissibility of fardbeyan statements recorded by police, even when made by minors or eyewitnesses, provided the statements are voluntary and properly recorded. The fact that a police officer also conducted the post-mortem does not automatically invalidate the statement, especially if the statement is corroborated by other evidence and no objection is raised by the defense B. N. Singh @ Bishwanath Singh VS State of Jharkhand - Crimes.
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Credibility and Discrepancies in Eyewitness Evidence - Minor discrepancies in eyewitness testimonies are generally considered acceptable and do not necessarily discredit the evidence. Courts emphasize that variations in statements made immediately after the incident are natural and should be given leeway. Significant contradictions, however, may impact credibility, but minor inconsistencies are often tolerated if the core facts are consistent Pappu Rabidas @ Pappu Das S/o Etwari Das VS State Jharkhand - Jharkhand, Soma Bas Mahali @ Soma Bans Mahali Son of Shri Dago Bans Mahali VS State of Bihar (Now Jharkhand) - Jharkhand.
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Minor Witnesses and Evidence Evaluation - The courts recognize that eyewitness testimonies, even from minors or injured witnesses, can be credible if supported by medical evidence and other corroborative facts. The presence of minor contradictions does not automatically render the evidence inadmissible; instead, the overall credibility and consistency are evaluated Soma Bas Mahali @ Soma Bans Mahali Son of Shri Dago Bans Mahali VS State of Bihar (Now Jharkhand) - Jharkhand, Kunwar Lakra vs State of Jharkhand - Jharkhand.
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Challenges to Fardbeyan as First Information Report (FIR) - The use of a fardbeyan as an FIR is permissible under Indian law, provided it satisfies legal requirements. Challenges based on procedural violations (e.g., under Section 162 Cr.P.C.) are scrutinized, but courts have upheld the legality of fardbeyan statements if they are properly recorded and form the basis of the prosecution case Jugal Mahto VS State Of Bihar - Jharkhand.
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Overall Conclusion - Indian courts generally consider fardbeyan statements, including those made by minors, as legally valid if recorded properly, voluntary, and corroborated by other evidence. Minor discrepancies in eyewitness accounts are tolerated, and the credibility of such evidence depends on the overall consistency and supporting medical or forensic evidence. The legal framework supports the admissibility of such statements while emphasizing careful evaluation of witness credibility B. N. Singh @ Bishwanath Singh VS State of Jharkhand - Crimes, Jugal Mahto VS State Of Bihar - Jharkhand, Pappu Rabidas @ Pappu Das S/o Etwari Das VS State Jharkhand - Jharkhand, Soma Bas Mahali @ Soma Bans Mahali Son of Shri Dago Bans Mahali VS State of Bihar (Now Jharkhand) - Jharkhand, Kunwar Lakra vs State of Jharkhand - Jharkhand.
Search Results for "Legality of Fardbeyan Statements by Minor Eyewitnesses"
• India - Crimes
R.R.PRASAD, R.N.VERMA
Indian Penal Code, 1860 — Section 302 r/w 120B and 148 — Conviction on dying declaration recorded as fardbeyan of deceased by Police ... Officer — Sustainability of conviction when the police officer author of fardbeyan as well doctor who conducted post mortem on deceased ... post-mortem report as secondary evidence with no objection raised by defence — PWs 6, 7 and 10 very specifically disposed that fardbeyan ... —The appellants call in question the legality of the judgment of conviction dated 19.12.2006 and order of se....
2025 Supreme(Online)(Jhk) 1576 • India - High Court of Jharkhand
Sujit Narayan Prasad, Rajesh Kumar, JJ
The discrepancies in the evidence of eyewitnesses, if found not to be minor in nature, may be a ground for disbelieving and discrediting their evidence. ... This Court, before proceeding to examine the legality and propriety of the judgment of conviction and order of sentence, deems it fit and proper to refer the background of prosecution case, as per the fardbeyan of P.W.5, Jehali Mian (Informant), which reads as under: 3. ... Thereafter, his attention has been drawn towards the statement made by the ....
2007 0 Supreme(Jhk) 265 • India - Jharkhand
DABBIRU GANESHRAO PATNAIK, DILIP KUMAR SINHA
Indian Penal Code, 1860 – Section 302 – murder – clear, cogent and uncontroverted statements of P.Ws. – also consistent medical evidence ... Learned Counsel for the appellant has next challenged the legality of the fardbeyan claiming that the same could not be used as the first information report, since even according to the admitted case of the prosecutions witnesses, the same is hit under Section 162 Cr.PC. ... ... The issue raised by the appellant in the instant case would have assumed significance if there was any material contradict....
2023 0 Supreme(Jhk) 1124 • India - Jharkhand
SUJIT NARAYAN PRASAD, NAVNEET KUMAR
The court also underscored the principle that minor variations and contradictions in the evidence of eyewitnesses may not tilt the ... It noted contradictions in the statements of the witnesses and highlighted the failure of the prosecution to establish the guilt ... This Court, before proceeding to examine the legality and propriety of the judgment of conviction and order of sentence, deems it fit and proper to refer the background of institution of prosecution case, as per fardbeyan of informant, whic....
2023 0 Supreme(Jhk) 849 • India - Jharkhand
SUJIT NARAYAN PRASAD, SUBHASH CHAND
Much was sought to be made of minor discrepancies in the evidence of the two eyewitnesses, which have been described as glaring contradictions. ... The statements which are recorded immediately upon the incident would have to be given a little leeway with regard to the statements being made and recorded with utmost exactitude. ... The appellant's presence has been proved by two eyewitnesses. It has been proved by the eyewitnesses, that the appellant carried a rifle. But PW 2 and PW 3 d....
2013 0 Supreme(Pat) 193 • India - Patna
SHYAM KISHORE SHARMA, ADITYA KUMAR TRIVEDI
Whether the prosecution had failed to substantiate the genesis as well as the manner of occurrence as initiated as per the fardbeyan ... court found that the prosecution had failed to substantiate the genesis as well as the manner of occurrence as initiated as per the fardbeyan ... . - SECTION 34 IPC - FIR - MINOR AND MAJOR CONTRADICTION - MATERIAL CONTRADICTION - TESTIMONY OF WITNESSES - SUFFICIENCY OF EVIDENCE ... The discrepancies in the evidence of eyewitnesses, if found to be not minor in nature, m....
2023 0 Supreme(Jhk) 1166 • India - Jharkhand
NAVNEET KUMAR, SUJIT NARAYAN PRASAD
Issues: Credibility of eyewitness testimony, alleged contradictions among eyewitnesses, delay in dispatching ... defense's contentions regarding the presence of the informant at the place of occurrence and the alleged contradictions among the eyewitnesses ... Ratio Decidendi: The court emphasized the need for careful assessment and evaluation of eyewitness testimony, highlighting that minor ... This Court, before proceeding to examine the legality and propriety of the judgment of conviction and order of sentence, deems ....
2025 0 Supreme(Jhk) 1199 • India - IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, SANJAY PRASAD
court emphasized the necessity for evidence to be cogent and credible (Para 55); ratio decidendi highlights that minor ... Having examined all the eyewitnesses even if other persons present nearby were not examined, the evidence of the eyewitnesses cannot be discarded. ... This Court, before proceeding to examine the legality and propriety of the judgment of conviction and order of sentence, deems it fit and proper to refer the background of institution of prosecution case. ... She had further stated that Police came at ....
2024 0 Supreme(Jhk) 281 • India - Jharkhand
SUJIT NARAYAN PRASAD, ARUN KUMAR RAI
The Arms Act sections were referenced to establish the legality of the firearms used in the crime. ... The court interpreted the evidence of eyewitnesses and the postmortem report to affirm the conviction of one appellant while acquitting ... Having examined all the eyewitnesses even if other persons present nearby were not examined, the evidence of the eyewitnesses cannot be discarded. ... All the three eyewitnesses, PW 1, PW 2 and PW 3 are natural witnesses. ... Prosecution has also proved the signatu....
2024 0 Supreme(Jhk) 971 • India - Jharkhand
ARUN KUMAR RAI, SUJIT NARAYAN PRASAD
(Paras 60-74) ... ... (C) Eyewitness Testimony - The court noted that while eyewitnesses were ... related to the deceased, their testimonies were credible and corroborated by medical evidence, despite minor contradictions. ... Further, this Court is conscious with the fact that all the said eyewitnesses are injured eyewitnesses as such their testimonies cannot be brushed aside lightly. ... We must now deal with the submission that all the accused cannot be convicted for murder with the aid of Section 149 IPC because th....
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