Patchaiperumal @ Patchikutti & Anr. v. State 2025 INSC 1478 - Evaluation Of Testimony Of Witnesses

Note

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Criminal Trial - Witnesses -When oral evidence of eye-witnesses is scrutinised, especially when certain alterations of their previous statements appear during the trial, the court is normally required to focus on the factors of consistency (whether the current statements match the previous statements), 19 credibility (whether they are reliable, or are there reasons to doubt them), corroboration (whether there is other evidence on record supporting their testimony) and motive (whether there is a reason for them to change their version). Should there be discrepancies or contradictions that are glaring, their testimony has to be viewed as suspect. Since, however, the goal of the criminal justice system is to secure justice for both the victim and the accused, each case has to be evaluated on its own merits, appreciating and analysing all the evidence that is presented. Evaluating testimony of witnesses in the Indian context, acknowledging human imperfections and contextual factors - While looking at statements of witnesses given in court, every detail need not be nitpicked; the overall impact that the testimony generates has to be considered. Witnesses are prone to forget events and things; they are likely to exaggerate or even have motives to change their story. This seems to be normal especially for uneducated witnesses who might struggle to describe events perfectly (Para 34- 37)- The witnesses add embroidery to the prosecution story, perhaps for the fear of being disbelieved- any embroidery found cannot per se be a ground for throwing the prosecution case overboard, if there is a ring of truth in the main. It is the duty of the court to sift the grain from the chaff unless there is reason to believe that the inconsistencies or falsehood are so glaring as utterly to destroy confidence in the witnesses. (Para 50)

Evidence - Hostile Witness - The evidence of a hostile witness would not be outright rejected but would rather have to be subjected to closer scrutiny. (Para 42)

Case Info


Key Details

  • Case name: Patchaiperumal @ Patchikutti & Anr. v. State Rep. by Inspector of Police & Anr.; with connected Criminal Appeal Nos. 2031–2033 of 2022.
  • Neutral citation: 2025 INSC 1478.
  • Coram: Dipankar Datta, J.; Augustine George Masih, J.
  • Judgment date: December 19, 2025.

Caselaws and citations

  • Ramesh Babulal Doshi v. State of Gujarat, (1996) 9 SCC 225.
  • Sunil Kumar Sambhudayal Gupta v. State of Maharashtra, (2010) 13 SCC 657.
  • Sanjeev & Anr. v. State of Himachal Pradesh, (2022) 6 SCC 294.
  • Masalti & Ors. v. State of U.P., AIR 1965 SC 202.
  • Sharad Birdhichand Sarda v. State of Maharashtra, (1984) 4 SCC 116.
  • Javed Shaukat Ali Qureshi v. State of Gujarat, 2023 SCC OnLine SC 664.
  • Gangadhar Behera v. State of Orissa, (2002) 8 SCC 381.
  • Esakkimuthu v. State, (2014) 2 MWN (Cr.) 180.
  • State of Uttar Pradesh v. Anil Singh, 1988 Supp SCC 686.
  • Bankim Bihari Maiti v. Matangini Dasi, AIR 1919 PC 157.
  • State of U.P. v. Ramesh Prasad Misra, (1996) 10 SCC 360.
  • Kimland Thyrniang v. State of Meghalaya, CRA No. 5 of 2021 (Meghalaya HC, 1 Mar 2022), affirmed by SC on 11 Aug 2025 in SLP (Criminal) Diary No. 35970 of 2025.

Statutes/laws referred

  • Code of Criminal Procedure, 1973: Sections 374(2), 161, 164.
  • Indian Penal Code, 1860: Sections 302, 34, 148, 341.
  • Indian Evidence Act, 1872: Section 27.