AIR 2002 SUPREME COURT 3633 ::2002 AIR SCW 4271 ::(2003) 1 MadLW(Cri) 1 ::(2003) 1 AllCriR 902 ::2002 (4) CurCriR 194 ::2002 (8) SCC 381 ::2003 SCC(Cri) 32 ::(2002) 7 Scale 402 ::2003 (1) AndhLT(Cri) 137 SC ::(2002) 2 ALD(CRL) 794 ::2003 (2) AllCriLR 72 ::(2003) 1 Cg LJ 27 ::(2002) 3 ChandCriC 175 ::2003 (1) EastCriC 352 ::2003 (1) OrissaLR 124 ::2003 (24) OCR 265 ::(2002) 4 SCJ 659 ::2003 (1) Crimes 28 ::2003 (1) UC 333 ::2002 (6) SLT 102 ::(2002) 7 Supreme 276 ::(2003) SC Cr R 316 ::2002 (10) SRJ 189 ::(2002) 8 JT 135 (SC)

Supreme Court Of India

(From : (1999) 17 OCR 143 (Orissa)

Hon'ble Judge(s): Arijit Pasayat, Satya Brata Sinha , JJ

(A) Evidence Act (1 of 1872) , S.3— Interested witness - Relationship is not factor to affect credibility of witness. Relationship is not a factor to affect credibility of a witness. It is more often than not that a relation would not conceal actual culprit and make allegations against an innocent person. Foundation has to be laid if @page-SC3634 plea of false implication is made. In such cases, the Court has to adopt a careful approach and analyse evidence to find out whether it is cogent and credible. Thus ground that the witness being a close relative and consequently being a partisan witness, should not be relied upon, has no substance. (B) Evidence Act (1 of 1872) , S.3— Evidence - Maxim "Falsus in uno falsus in omnibus" - Not applicable in India - Direct testimony was same against all accused - Acquittal of some of accused persons - Does not lead as necessary corollary that those who were convicted must also be acquitted. Even if major portion of evidence is bound to be deficient, in case residue is sufficient to prove guilt of an accused, notwithstanding acquittal of number of other co-accused persons, his conviction can be maintained. It is the duty of Court to separate grain from chaff. Where chaff can be separated from....