Eyewitness Retraction Credible If Police Statement Proven False: High Court

The Punjab and Haryana High Court has ruled that changes in an eyewitness’s testimony during trial, differing from their earlier statement recorded by police, can be accepted as truthful if it is proven that the investigating officer fabricated the initial statement.

The verdict was delivered by a Bench comprising Justice Sureshwar Thakur and Justice Sudeepti Sharma.

In its detailed ruling, the court remarked that if the prosecution’s case hinges on an eyewitness account and the witness retracts their earlier statement, the court must assess the retraction’s credibility. If, during cross-examination, the court finds that the investigating officer recorded a false statement, the revised testimony is deemed credible.

The court clarified that recoveries made based on an accused’s disclosure statement may lose evidentiary value if the court believes the eyewitness’s retraction is more credible. However, this principle is not absolute and must be applied based on the facts and evidence of each case.

Additionally, the Bench stressed the significance of medical evidence in corroborating the prosecution’s case. If medical findings do not support the recoveries made, the disclosure statements could lose their legal weight. The prosecution must present a consistent chain of evidence to establish the charges against the accused.