Penal Code, 1860 – Ss. 302 r/w. 34 & 324 – in India theory of “falsus in uno falsus in omnibus” is not applicable and the Court is duty bound to extract the truth from the statements of the eye-witnesses. Only on the basis of some contradiction in the statements, with regard […]
The credibility of a witness cannot be judged merely on the basis of his close relation with the deceased and as such cannot be a ground to discard his testimony, if it otherwise inspires confidence and, particularly so, when it is corroborated by the evidence of independent and injured witnesses.
Evidence Law – A witness if related with a party or victim or deceased is called related witness. However, it is not necessary that a related witness be interested witness also. A witness may be called ‘interested’ witness only if he or she derives some benefit from the result of […]
While appreciating the evidence of a witness, the court has to assess whether read as a whole, it is truthful. In doing so, the court has to keep in mind the deficiencies, drawbacks and infirmities to find out whether such discrepancies shake the truthfulness. Some discrepancies not touching the core […]