Showing posts with label splitting of evidence. Show all posts
Showing posts with label splitting of evidence. Show all posts

Wednesday, 17 August 2016

Whether evidence of witness can be split to grant benefit to some co-accused while maintaining conviction of another?

No doubt, it is an established principle of criminal law in India that only on account of detecting some falsehood in the statement of a witness who is otherwise consistent and reliable, his entire testimony should not be discarded. It is equally settled law that if a witness is found un-dependable and un-reliable his evidence can not be split to grant benefit to some co-accused while maintaining conviction of another when in all respects he stands on same footing and deserves parity.

SUPREME COURT OF INDIA

Ram Laxman  v. State of Rajasthan

Date of judgement : 3.3.2016

Citations: 2016 All SCR (Crl.) 707; 016(3) Scale 225 ; 2016(3) JT 338 ; 2016(2) R.C.R.(Criminal) 360 ;  2016(2) Cri.CC 437; 2016(2) Law Herald (SC) 1117 


Corum : Dipak Misra and Shiva Kirti Singh, JJ.

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