Tue. Nov 24th, 2020

Kalu @ Rajvir @ Rinku vs State on 9 May, 2018

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―There is only one more observation which we would
like to make about the judgment of the High Court.
The High Court has observed in its judgment at more
than one place that Musammat Dev Kunwar and
Musammat Mahatrin were ―implicitly reliable‖. It is
generally not easy to find witnesses on whose
testimony implicit reliance can be placed. It is always
advisable to test the evidence of witnesses on the anvil
of objective circumstances in the case. Not only did
the High Court not do that but by persuading itself to
the view that the two eyewitnesses were implicitly
reliable it denied to itself the benefit of a judicial
consideration of the infirmities to which we have
briefly referred.‖
(Emphasis supplied)

Crl Appeal 243/2017 & Crl Appeal 309/2017 Page 46 of 93

Source: Indian Kanoon

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