Victim’s Close Relative Not Likely To Foist An Innocent, Can’t Be Disregarded Merely By Levelling Them As...
Victim’s Close Relative Not Likely To Foist An Innocent, Can’t Be Disregarded Merely By Levelling Them As... (Accused)
🔹 Meaning of the Principle
When a close relative of the victim supports the prosecution’s version or identifies an accused, the court must give due weight to their testimony.
The rationale is that a close relative is unlikely to falsely implicate an innocent person because of their proximity, knowledge, and emotional involvement.
Therefore, their evidence cannot be casually discarded or disbelieved simply because the accused tries to label them as hostile or biased.
🔹 Judicial Reasoning
Credibility of Close Relatives:
Relatives of the victim often possess intimate knowledge of the circumstances of the case.
Their evidence is generally considered credible unless proved otherwise.
Not to be Disregarded Solely on Accused’s Allegations:
Merely leveling allegations of hostility or bias against such relatives by the defense is insufficient to discard their testimony.
Courts must look at the consistency, reasonableness, and reliability of their statements.
Presumption of Honesty:
Courts presume that relatives who come forward to support the truth do so with honest intentions, especially in serious cases involving injury or death.
🔹 Illustrative Example (Hypothetical):
A victim’s brother identifies the accused in court.
The accused claims the brother is biased.
The court examines the brother’s evidence for consistency and finds it reliable.
The court holds that the brother’s testimony cannot be disregarded just because the accused called him hostile.
🔹 Key Points
| Aspect | Explanation |
|---|---|
| Close relative’s testimony | Usually given considerable weight and credence |
| No casual disbelief | Cannot be rejected solely on the accused’s say-so |
| Focus on reliability | Court assesses credibility on the totality of facts |
| Important in serious offences | Helps corroborate prosecution’s case |
🔹 Conclusion
The courts recognize that:
“A victim’s close relative is not likely to falsely implicate an innocent person and therefore their testimony must be carefully considered and cannot be discarded merely on allegations of hostility.”
This principle ensures that the testimony of those closest to the victim is given its due place in the search for truth and justice.
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