AIR 1977 SUPREME COURT 381 ::1976 Cri App R (SC) 356 ::(1976) 4 SCC 441 ::1977 SCC(Cri) 10

Supreme Court Of India

(From : Bombay)*

Hon'ble Judge(s): P. N. Bhagwati, S. Murtaza Fazal Ali , JJ

(A) Evidence Act (1 of 1872) , S.3— Appreciation of evidence - Contradictions in evidence of witness - Reliability of evidence. Where the story narrated by the witness in his evidence before the Court differs substantially from that set out in his statement before the police and there are large number of contradictions in his evidence not on mere matter of detail, but on vital points, it would not be safe to rely on his evidence and it may be excluded from consideration in determining the guilt of accused.(Para 2) (B) Criminal P.C. (2 of 1974) , S.154— First information report - Evidentiary value - Delay in giving report - Information lodged about five hours after occurrence - Information in circumstances of cases held not so delayed as to cause suspicion. (Para 3) (C) Penal Code (45 of 1860) , S.300— Circumstantial evidence - Recovery of clothes stained with human blood from accused - This cannot be regarded as conclusive evidence incriminating accused - It is a piece of evidence which may support other evidence about guilt of accused. Evidence Act (1 of 1872) , S.3— (Para 4) ....