It is vehemently contended that the evidence of the prosecution
witnesses is exaggerated and thus false. Cambridge Dictionary defines “exaggeration” as “the fact of making something larger, more important, better or worse than it really is”. MerriamWebster defines the term “exaggerate” as to “enlarge beyond bounds or the truth”. The Concise Oxford Dictionary defines it as “enlarged or altered beyond normal proportions”. These expressions unambiguously suggest that the genesis of an ‘exaggerated statement’ lies in a true fact, to which fictitious additions are made so as to make it more penetrative. Every
exaggeration, therefore, has the ingredients of ‘truth’. No exaggerated statement is possible without an element of truth. On the other hand, Advance Law Lexicon defines “false” as “erroneous, untrue; opposite of correct, or true”. Oxford Concise Dictionary states that “false” is “wrong; not correct or true”. Similar is the explanation in other dictionaries as well. There is, thus, a marked differentia between an ‘exaggerated version’ and a ‘false version’. An exaggerated statement contains both truth and falsity, whereas a false statement has no grain of truth in it (being the ‘opposite’ of ‘true’). It is well said that to make a mountain out of a molehill, the molehill shall have to exist primarily. A Court of law, being mindful of such distinction is duty bound to disseminate ‘truth’ from ‘falsehood’ and sift the grain from the chaff in case of exaggerations. It is only in a case where the grain and the chaff are so inextricably intertwined that in their separation no real evidence survives, that the whole evidence can be discarded. {Para 4}
REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NOS. 1140 1141
OF 2010
Achhar Singh Vs State of Himachal Pradesh
Author: Surya Kant, J:
DATED : 07.05.2021
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