AIR 1974 SUPREME COURT 873 ::1974 4 SCC 285 ::1974 SCC(Cri) 447 ::1974 3 SCR 519

Supreme Court Of India

(From Punjab and Haryana)

Hon'ble Judge(s): H. R. Khanna, V. R. Krishna Iyer , JJ

Index Note : Penal Code (45 of 1860) , S.409, S.467, S.109— Propriety of conviction under - Conviction not sustainable because of glaring infirmities in prosecution case. Brief Note : - (A) Oral evidence which runs counter to an admission contained in writing signed by a party in the very nature of things is a very weak piece of evidence and cannot be accepted without a grain of salt. Held on facts that mere illiteracy in a particular script of a complainant was not found enough, to hold that he would be unaware of the transactions he was entering into. His illiteracy could not induce the court to ignore infirmities in his evidence. Decision of Punjab and Haryana High Court, Reversed.(Para 11 12)