AIROnline 1969 SC 21 ::1969 (3) SCC 890

Supreme Court Of India

Hon'ble Judge(s): J. M. Shelat, C. A. Vaidialingam, A. N. Ray , JJJ

(A) Evidence Act (1 of 1872) , S.3— Appreciation of evidence - Evidence of witness found partly false - Duty of Court. The Court's duty in cases where a witness has been found to have given unreliable evidence in regard to certain particulars is to scrutinise the rest of his evidence with care and caution. If that part of the evidence takes away the very substratum of his case, the Court cannot disbelieve the substratum and reconstruct a story of its own out of the rest. (B) Evidence Act (1 of 1872) , S.3— Appreciation of evidence - Acquittal of one of the several accused - Remaining accused can be convicted if the evidence as against them is found to be reliable on a careful and cautious consideration. (Para 13)