On Evidence & Legal Issues: A Unanimous View of Supreme Court

On Evidence & Legal Issues : A Unanimous View of Supreme Court

An important Judgment has been passed by Hon'ble Supreme Court on 10 October 2002.

On the issues related to evidence, it has been commented at page 5 of Gangadhar Behera v State of Orissa [2002] GCtR 2782 (SC) thus : -

"Even if a major portion of the evidence is found to be deficient, in case residue is sufficient to prove guilt of an accused, notwithstanding acquittal of a number of other co-accused persons, his conviction can be maintained. It is the duty of the court to separate the grain from the chaff. Where chaff can be separated from the grain, it would be open to the court to convict an accused notwithstanding the fact that evidence has been found to be deficient to prove guilt of other accused persons. Falsity of a particular material witness or material particular would not ruin it from the beginning to end."

"The maxim “falsus in uno, falsus in omnibus” has no application in India and the witnesses cannot be branded as liars. The maxim “falsus in uno, falsus in omnibus” has not received general acceptance nor has this maxim come to occupy the status of rule of law. It is merely a rule of caution. All that it amounts to, is that in such cases testimony may be disregarded, and not that it must be disregarded."

Kindly note that full text Judgments of Hon'ble Supreme Court can be downloaded absolutely free of cost from the official website at the link https://main.sci.gov.in/judgments - Then entering the date of Judgment, for example, as  10 October 2002.

Written by 

Vishal

Delhi

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