The Hon’ble Supreme Court has recently reiterated that while adjudicating criminal cases ocular evidence is the best form of evidence, in the matter of Pruthiviraj Jayantibhai Vanol vs. Dinesh Dayabhai Vala and Ors. (26.07.2021 – SC) : MANU/SC/0475/2021
“Ocular evidence is considered the best evidence unless there are reasons to doubt it. The evidence of PW-2 and PW-10 is unimpeachable. It is only in a case where there is a gross contradiction between medical evidence and oral evidence, and the medical evidence makes the ocular testimony improbable and Rules out all possibility of ocular evidence being true, the ocular evidence may be disbelieved. In the present case, we find no inconsistency between the ocular and medical evidence. The High Court grossly erred in appreciation of evidence by holding that muddamal No. 5 was a simple iron rod without noticing the evidence that it had a sharp turn edge.”
