In the context of what value should be attached to the statements of the witnesses examined in this case, our attention has been invited by the learned counsel for the appellants to a number of authorities. We have refrained from referring to those authorities because, in our opinion, reference to those authorities is rather misplaced. The fate of the present case like that of every other criminal case depends upon its own facts and the intrinsic worth of the evidence adduced in the case rather than what was said about the evidence of witnesses in other decided cases in the context of facts of those cases. The question of credibility of a witness has primarily to be decided by referring to his evidence and finding out as to how the witness has fared in cross-examination and what impression is created by his evidence taken in the context of the other facts of the case. Criminal cases cannot be put in a strait jacket. Though there may be similarity between the facts of some cases, there would always be shades of difference and quite" often that difference may prove to be crucial. The same can also be said about the evidence adduced in one case and that produced in another. Decided cases can be of help if there be a question of law like the admissibility of evidence. Likewise, decided cases can be of help if the question be about the applicability of some general rule of evidence, e.g., the weight to be attached to the evidence of an accomplice. This apart, reference to decided cases hardly seems apposite when the question before the court is whether the evidence of a particular witness should or should not be accepted.
IN THE SUPREME COURT OF INDIA
Criminal Appeal No. 152 of 1973
Decided On: 26.07.1974
Charan Singh Vs. State of Punjab
Hon'ble Judges/Coram:
H.R. Khanna and Y.V. Chandrachud, JJ.
Citation: AIR1975SC246, 1974CriLJ1253, (1975)3SCC39, (1974)SCC(Cri)735, [1975]1SCR561,MANU/SC/0118/1974
