Apex Law Journal
Apex Law Journal
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Editor

Neha Goel, Advocate

Advisory Board

S.C. Khunger, Advocate

Rohit Bansal, Advocate

Varinder Singh Kanwar, Advocate

Hittan Nehra, Advocate

Judgments on Evidence of a rustic witness

Sunday, October 31, 2010
Evidence of a rustic witness

Evidence of a rustic witness — A rustic witness, who is subjected to fatiguing, taxing and tiring cross-examination for days together, is bound to get confused and make some inconsistent statements — Some discrepancies are bound to take place if a witness is cross-examined at length for days together — Therefore, the discrepancies noticed in the evidence of a rustic witness who is subjected to grueling cross-examination should not be blown out of proportion — To do so is to ignore hard realities of village life and give undeserved benefit to the accused who have perpetrated heinous crime.

 
Evidence of a rustic witness

Evidence of a rustic witness — The basic principle of appreciation of evidence of a rustic witness who is not educated and comes from a poor strata of society is that the evidence of such a witness should be appreciated as a whole — The rustic witness as compared to an educated witness is not expected to remember every small detail of the incident and the manner in which the incident had happened more particularly when his evidence is recorded after a lapse of time — Further, a witness is bound to face shock of the untimely death of his near relative(s) — Therefore, the court must keep in mind all these relevant factors while appreciating evidence of a rustic witness.

 
Evidence of a rustic witness

Evidence of a rustic witness — A rustic witness is not expected to always have an alert mind and so have an idea of direction, area and distance with precision from which he had witnessed the incident.

 
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