Corroboration | Case Reference

Corroboration

Corroboration of the statement of the prosecutrix-Whether it has been a long practice for insisting corroboration of the statement of the prosecutrix. Md. Saidur Rahman Neoton and others Vs. The State 13BLD (AD) 79

Ref: 12 DLR(SC) 165; 19 DLR(SC)256; 1952 Supreme Court Reports 377-Cited

Corroborative evidence is not an imperative component of Judicial credence in every case of rape. Corroboration as a condition for judicial reliance on the restimong of a victim of sex crime is not a requirement of law but merely a guidance of prudence under a given circumstances. The rule is not that corroboration is essential before there can be a conviction. The testimony of the victim of sexual assault is vital and unless there are compelling reasons which necessite looking for corroboration of her statement, the Court should find no difficulty in acting on the testimony of a victim of sex crime alone to convict an accused where res testimony inspires confidence and is found to be reliable. Al Amin Vs. The State, 19BLD(HCD) 307

Corroboration

In a case where enmity is admitted the evidence of witnesses are liable to be closely scrutinised and unless there is corroboration by cogent, independent and disinterested witnesses the evidences of such witnesses who are enemically deposed, are not to be accepted as the basis for conviction (particularly in a murder case). The State Vs. Hosen Sheikh alias Ho- chen& Hashem Sheikh, 18BLD(HCD) 701

Ref: 7 BLD(AD)1987)1; 15 BLD(AD)54; A.LR. 1971(SC)804; 6 BCR(AD)229; BCR 1986 (AD)225; 44DLR(AD)(1992)60-Cited.

Corroboration 

Corroborative evidence is not an imperative component of Judicial credence in every case of rape. Corroboration as a condition for judicial reliance on the testimony of a victim of sex crime is not a requirement of law but merely a guidance of prudence under given circumstances. The rule is not that corroboration is essential before there can be a conviction. The testimony of the victim of sexual assault is vital and unless there are compelling reasons which necessite looking for corroboration of her statement, the Court should find no difficulty in acting on the testimony of a victim of sex crime alone to convict an accused where her testimony inspires confidence and is found to be reliable.  Al Amin Vs. The State, 19BLD(HCD)307    

Corrobaration of the statement of the prosecutrix 

It has long been a rule of practice for insisting coroboration of the statement of the prosecutrix but if the Judge feels that without corroboration in a particular case conviction can be sustained without independent corroboration, then the Judge should give some indication in his judgment that he has/had this rule of caution in his mind and then should proceed to give reasons for considering it necessary to require corroboration and for considering that it was safe to convict the accused in a particular case without corroboration.  Md. Saidur Rahman Neoton Vs. The State 13BLD(AD)79  Ref: 12 DLR(SC)165; 19 DLR(SC)256; 1952 Supreme Court Reports 377—Cited 

Corroboration-In a case where bitter enmity is admitted between the parties it is required as a rule of prudence that there should be some such corroboration of the evidence of the interested witness as may inspire confidence in the mind of the court. Abdul Mannan vs State 44 DLR (AD) 60.