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Can a conviction for murder be based solely on the testimony of a single eyewitness who identified the accused after 8.5 years via video conferencing, especially when the witness is elderly and has weak eyesight?
No, such identification is unreliable and cannot sustain a conviction. The Supreme Court acquitted the appellant after 15+ years in custody, ruling that delayed identification by an elderly witness with weak eyesight via video conferencing lacks credibility. The Court established new guidelines for electronic evidence recording and emphasized strict standards for witness identification evidence.
The Court emphasized that identification of an accused after nearly 8.5 years is extremely unlikely to be reliable, especially when the witness:
The Key Takeaway: Evidence of an eyewitness must be of sterling quality and unimpeachable character. Delayed identification after such a long period, especially by a witness with vision problems, does not inspire confidence.
The Supreme Court established crucial procedural safeguards for recording evidence via video conferencing:
The Legal Principle: Technological advancement should not compromise procedural fairness. Courts must ensure all parties can effectively cross-examine witnesses and confront them with previous statements.
The Court highlighted serious flaws in the TIP process:
The Key Distinction: Mere refusal to participate in TIP cannot lead to adverse inference when the TIP process itself is fundamentally flawed and there's doubt about whether the identifying witness even participated.
The Court noted significant improvements in the witness testimony:
The Legal Principle: Material improvements that go to the root of the matter essentially erode the credibility of the witness. Minor discrepancies may be overlooked, but core improvements suggest tailoring of evidence.
The Court analyzed the alleged recoveries and found them insufficient:
The Key Takeaway: Recovery of articles by itself is not sufficient to prove guilt beyond reasonable doubt. There must be credible evidence connecting the recovered items to the crime.
Examine Delay Factors: Note the time gap between incident and identification. Delays of several years significantly reduce reliability.
Assess Witness Capability: Consider the witness's age, eyesight, mental state, and opportunity to properly observe during the incident.
Review Procedural Flaws: Check if proper TIP procedures were followed and if the accused was kept muffled to prevent prior exposure.
Verify Proper Procedure: Ensure that when evidence is recorded via video conferencing, all procedural safeguards are followed, especially regarding confrontation with previous statements.
Document Technical Issues: Note any problems with video quality, audio clarity, or difficulties in properly showing documents to the witness.
Implement Proper Procedure: When recording evidence via video conferencing, ensure previous statements are properly transmitted to the witness for confrontation.
Document the Process: Maintain clear records of how documents were shared and the witness's response to confrontation.
Prevent Prior Exposure: Ensure the accused's face is properly muffled from arrest until TIP to prevent witness exposure.
Document Participation: Maintain clear records of witness participation in TIP with proper signatures and documentation.
"The evidence of an eye-witness must be of sterling quality and unimpeachable character. It should not only inspire the confidence of the Court but must also be of such a nature that is acceptable at its face value. When identification of the accused by the sole eyewitness is discarded, and the recovery of articles cannot be connected either with the crime or with the accused, no substantive or credible evidence remains on record to link the accused with the offence."
This judgment reinforces the fundamental principle that conviction in criminal cases must be based on reliable, credible, and substantiated evidence.
It establishes crucial safeguards for electronic evidence recording and emphasizes that procedural fairness cannot be compromised for technological convenience.
For citizens, it affirms that delayed identification by unreliable witnesses cannot form the sole basis for conviction, especially in serious offenses carrying life imprisonment.