Recently, the division bench of the Supreme Court comprising, Justice M M Sundresh and Justice J B Pardiwala held that Education and Faith of the Person cannot Determine its Reputation.

In the said matter, the Court  dealing with a challenge to a conviction for life imprisonment imposed by the High Court of Himachal Pradesh

The appellant had been found guilty of both murder and an attempted rape. The High Court had reversed the trial court's acquittal order and based its decision primarily on the testimony of PW1. The High Court held that PW1, being an educated and God-fearing individual, had a testimony that deserved acceptance.

To its reply, the Supreme Court said, -

“A court of law cannot declare the reputation of a person based upon its own opinion merely because a person is educated and said to be God-fearing, that by itself will not create a positive reputation,” the Apex Court said.

Supreme Court in its verdict has overturned the decision of the High Court.

The Court observed that the conduct of the witness under Section 8 of the Evidence Act, is important to determine and prove the reputation of a witness. The Apex Court was of the view that the High Court had misconstrued the concept of reputation and blindly believed the evidence of PW.

“Character and reputation do have an element of interconnectivity. Reputation is predicated on the general traits of character. In other words, character may be subsumed into reputation. Courts are not expected to get carried away by the mere background of a person especially while acting as an appellate forum, when his conduct, being a relevant fact, creates serious doubt.''

Further, the Court held that, the trial court had furnished substantial and well-founded justifications for its decision to acquit the defendant. Furthermore, the prosecution had not managed to establish the charges beyond a reasonable doubt.

Case Title: Harvinder Singh @ Bachhu V. The State of Himachal Pradesh

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