SC: Hostile witness testimony not wholly rejected; reliable portions can be relied upon

SC: Hostile witness testimony not wholly rejected; reliable portions can be relied upon

The Supreme Court of India acquitted the accused in Dadu @ Ankush & Anr. vs. State of Madhya Pradesh & Anr., setting aside their convictions under the IPC and the SC/ST (Prevention of Atrocities) Act. The Court found serious inconsistencies between the FIR, witness testimonies, and medical evidence. While the FIR alleged both accused arrived together, the victim later claimed one accused was called by phone. Injury versions also varied materially—alleged bleeding injuries were unsupported by medical evidence, which recorded only minor scratch marks and suggested alternative causes such as falling. The prosecution failed to examine independent eyewitnesses despite claims that several locals witnessed the incident. Crucially, the Court held that the High Court erred in completely discarding the testimony of a hostile witness, reiterating that such evidence cannot be rejected in toto and that consistent, credible portions may be relied upon. The finding of caste-based motive was also termed perverse, as no witness testified to such intent. Applying the standard of proof beyond reasonable doubt, the Court held the prosecution case unreliable and acquitted both appellants.