Appreciation of Evidence in Sessions Cases - Justice D.Murugesan

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'14. But it would, we think, be unreasonable to contend that evidence
given by witnesses should be discarded only on the ground that it is
evidence of partisan or interested witnesses. ... The mechanical
rejection of such evidence on the sole ground that it is partisan would
invariably lead to failure of justice. No hard-and-fast rule can be laid
down as to how much evidence should be appreciated. Judicial approach
has to be cautious in dealing with such evidence ; but the plea that such
evidence should be rejected because it is partisan cannot be accepted as
correct.'
(d). Hostile Witness:-
Section 3 – Hostile Witness – Evidence cannot be rejected in toto merely because prosecution
chose to treat him as hostile and cross-examined him – But can be accepted to the extend his version is
found to be dependable on a careful scrutiny thereof. – 2006 AIR SCW 421(B).
Section 3 – Proof of guilt – fact that prosecution witness held hostile – May be act of dishonesty on
their part – But not sufficient to prove guilt of accused –Vikramjit Singh alias Vicky vs. State of Punjab -
2006 AIR SCW 6197 [F].
The well settled principle of law laid down by the Hon'ble Apex Court is that the evidence of a hostile
witness cannot be rejected in toto and any portion either in favour of the defence or in favour of the
prosecution can very well relied by the Court for arriving at a just decision. In Sat Paul V. Delhi
Administration reported in AIR 1976 SC 294 the Hon'ble Apex Court has held as follows :
"Even in a criminal prosecution when a witness is cross-examined and
contradicted with the leave of the court by the party calling him, his evidence
cannot, as a matter of law, be treated as washed off the record altogether. It is
for the Judge of fact to consider in each case whether as a result of such crossexamination
and contradiction, the witness stands thoroughly discredited or can
still be believed in regard to a part of his testimony. If the Judge finds that in the
process, the credit of the witness has not been completely shaken, he may, after
reading and considering the evidence of the witness, as a whole, with due
caution and care, accept, in the light of the other evidence on the record, that part
of his testimony which he finds to be creditworthy and act upon it. If in a given
case, the whole of the testimony of the witness is impugned, and in the process,
the witness stands squarely and totally discredited, the Judge should, as a matter
of prudence, discard his evidence in toto."
(e). Inimical witness:-
Section 3 – Inimical Witness – Reliability – Enmity not denied – Prosecution case itself alleging that
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