Whether conduct of criminal can be condoned due to character of witness?

Therefore, it is evident that this witness though having resiled 
from some of the police statements eventually admitted to certain events 
and incidents which reflect the enormous and continuing influence of A1 in 
the locality.  The fact that a dissenting voice or one that is not supporting 
but conflicting is suppressed and at every cost is thus proved. It is not that 
every witness who comes and deposes about such activities is blemishless in 
character, that another anti social element in the locality feels threatened 
and, therefore, such activities ought not be viewed seriously but as usual 
happenings   is   not   the   law.   The   character   of   the   witness   or   the   person 
deposing   before   the   Court   though   relevant   cannot   be   taken   into 
consideration and to such an extent so as to overlook much less condone 
the   conduct   of   the   criminals   facing   a   serious   charge   of   conspiracy   to 
murder. In such circumstances, one cannot agree with Mr. Mundargi that 
Bhatijas were themselves involved in crimes or that some of the witnesses 
who deposed of receiving threats are themselves of questionable character 
and their dealings were not necessarily lawful.

Bombay High Court

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO.1309 OF 2013

Shri Pappu @ Suresh Budharmal Kalani


Versus

The State of Maharashtra    

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