VIGILANCE MANUAL VOLUME III - AP Online

DECISION - 42
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(C) P.C. Act, 1988 — Secs. 7, 13(1)(d)
(D) Trap — corroboration of trap witness
Degree of corroboration of trap witness, clarified.
Major E.G. Barsay vs. State of Bombay,
AIR 1961 SC 1762
The Supreme Court observed that where the two conditions
laid down in the proviso to sec. 5A of the P.C. Act, 1947 (corresponding
to sec. 17 of the P.C.Act, 1988) have not been complied with by the
Inspector of Police conducting the investigation, the investigation is
illegal; but the illegality committed in the course of the investigation
does not affect the competence and jurisdiction of the court for trial
and where cognizance of the case has in fact been taken and the
case has proceeded to termination, the invalidity of the preceding
investigation does not vitiate the result unless miscarriage of justice
has been caused thereby.
The Supreme Court observed that though a trap witness is
not an accomplice, he is certainly an interested witness in the sense
that he is interested to see that the trap laid by him succeeded. He
could at least be equated with a partisan witness and it would not be
admissible to rely upon his evidence without corroboration. His
evidence is not a tainted one; it would only make a difference in the
degree of corroboration required rather than the necessity for it.
Though the court rejects the evidence of the witness in regard to
some events either because that part of the evidence is not consistent
with the other parts of his evidence or with the evidence of some
disinterested witnesses, the court can accept the evidence given by
the witness in regard to other events when that version is corroborated
in all material particulars with the evidence of other disinterested
witnesses. The Supreme Court held that the corroboration must be
by independent testimony confirming in some material particulars
not only that the crime was committed but also that the accused
committed it. It is not necessary to have corroboration of all the
circumstances of the case or every detail of the crime. It would be
sufficient if there was corroboration as to the material circumstances
of the crime and the identity of the accused in relation to the crime.