Saturday, 11 April 2020

Supreme Court judgment on appreciation of evidence of eye witness

While appreciating the evidence of a witness, the approach must be to assess whether the evidence of a witness read as a whole appears to be truthful. Once the impression is formed, it is necessary for the court to evaluate the evidence and the alleged discrepancies and then, to find out whether it is against the general tenor of the prosecution case. If the evidence of eye witness is found to be credible and trustworthy, minor discrepancies which do not affect the core of the prosecution case, cannot be made a ground to doubt the trustworthiness of the witness.

30. While appreciating the evidence, the court has to take into consideration whether the contradictions/omissions had been of such magnitude that they may materially affect the trial. Minor contradictions, inconsistencies, embellishments or improvements on trivial matters without effecting the core of the prosecution case should not be made a ground to reject the evidence in its entirety. The trial court, after going through the entire evidence, must form an opinion about the credibility of the witnesses and the appellate court in normal course would not be justified in reviewing the same again without justifiable reasons. 

Criminal Appeal No. 1066 of 2009

Decided On: 08.08.2019

 Mallikarjun  Vs.  State of Karnataka

Hon'ble Judges/Coram:
R. Banumathi and A.S. Bopanna, JJ.

Citation: (2019) 8 SCC 359.
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