SC: Evidence of ruralites not to be judged by same standard as others

The Hon’ble Supreme Court, on 8thAugust 2019, in the matter of Mallikarjun and Others v. State Of Karnataka observed that the courts are not to judge the evidence of ruralites by the same standard and exactitude like any other witness.

The Hon’ble Supreme Court observed that:

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. (Para 13)

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. (Para 13)

The courts are not to judge the evidence of ruralites by the same standard and exactitude like any other witness. (Para 13)

Evidence of a witness is not to be disbelieved simply because he/she appears partisan or is related to the deceased/prosecution witness. (Para 16)

There may be cases where the delay in FIR gives rise to the suspicion as to the false implication; but when the delay is satisfactorily explained, delay in registration of the FIR or receipt of the same in the court would not affect the prosecution case. (Para 21)

Copy of judgement: Judgement_08-Aug-2019

-Adv. Tushar Kaushik

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