Need To Separate The Chaff From The Grain Only Where Testimony Is Partly Reliable And Partly Unreliable: Supreme Court
Case: Balaram V. State Of Madhya Pradesh.
Coram: Justices B.R. Gavai, P.S. Narasimha, Aravind Kumar
Case No.: Criminal Appeal No. 2300 Of 2009
Court Observation: “The Court is required to separate the chaff from the grain to find out the true genesis of the incident.,”
“We find that when the Trial Court has disbelieved the testimony of PW.5-Ramkali and PW.6-Mulchand insofar as accused Uma Charan was concerned, it could not have applied a separate standard while considering the case of the present appellant-Balaram and Rameshwar (since deceased).”
“We are of the considered view that the testimony of PW.5-Ramkali and PW.6-Mulchand would come in the category of wholly unreliable witnesses.”
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