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AIR 2012 SUPREME COURT 3157
::2012 AIR SCW 4456
Supreme Court Of India
Hon'ble Judge(s):
Swatanter Kumar,
F. M. Ibrahim Kalifulla
, JJ
(A) Evidence Act (1 of 1872) , S.3— Sterling witness - Qualities - Witness should be of high quality and calibre - His version should be unassailable and acceptable on its face value. 'Sterling witness' should be of a very high quality and caliber whose version should, therefore, be unassailable. The Court considering the version of such witness should be in a position to accept it for its face value without any hesitation. To test the quality of such a witness, the status of the witness would be immaterial and what would be relevant is the truthfulness of the statement made by such a witness. What would be more relevant would be the consistency of the statement right from the starting point till the end, namely, at the time when the witness makes the initial statement and ultimately before the Court. It should be natural and consistent with the case of the prosecution qua the accused. There should not be any prevarication in the version of such a witness. The witness should be in a position to withstand the cross-examination of any length and strenuous it may be and under no circumstance should give room for any doubt as to the factum of the occurrence, the persons involved, as well as, the sequence of it. Such a version should have co-relation with each and everyone of other supporting material such as the recoveries made, the weapons used, the manner of o....
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