83
“17. It is also our experience that invariably the witnesses add embroidery to
prosecution story, perhaps for the fear of being disbelieved. But that is no ground
to throw the case overboard, if true, in the main. If there is a ring of truth in the
main, the case should not be rejected. It is the duty of the court to cull out the
nuggets of truth from the evidence unless there is reason to believe that the
inconsistencies or falsehood are so glaring as utterly to destroy confidence in the
witnesses. It is necessary to remember that a Judge does not preside over a
criminal trial merely to see that no innocent man is punished. A Judge also
presides to see that a guilty man does not escape. One is as important as the
other. Both are public duties which the Judge has to perform.”
In C. Muniappan v. State of Tamil Nadu63 it was held that:
“The defect in the investigation by itself cannot be a ground for acquittal. If
primacy is given to such designed or negligent investigations or to the omissions
or lapses by perfunctory investigation, the faith and confidence of the people in
the criminal justice administration would be eroded. Where there has been
negligence on the part of the investigating agency or omissions, etc. which
resulted in defective investigation, there is a legal obligation on the part of the
court to examine the prosecution evidence dehors such lapses, carefully, to find
out whether the said evidence is reliable or not and to what extent it is reliable
and as to whether such lapses affected the object of finding out the truth.
A similar approach was adopted in Surajit Sarkar v. State of West Bengal
64
and
Shanker & Ors. v. State of Madhya Pradesh 65. In Harijana Thirupala and Ors.
v. Public Prosecutor, High Court of A.P., Hyderabad66 this court said that:
“…The case of the prosecution must be judged as a whole having regard to the
totality of the evidence.
In appreciating the evidence, the approach of the court must be integrated not
truncated or isolated. In other words, the impact of evidence in totality on the
prosecution case or innocence of Accused has to be kept in mind in coming the
conclusion as to the guilt or otherwise of the accused. In reaching a conclusion
about the guilt of the accused, the court has to appreciate, analyse and assess the
evidence placed before it by the yardstick of probabilities, its intrinsic value and
the animus of witnesses.”
158. This court has further emphasized that if discrepancies in the depositions
are minor, or that witness contradict themselves during their testimonies (as
opposed to their previous police statements) what is important is the nature of
contradictions. In Rammi @ Rameshwar v. State of Madhya Pradesh 67, this
Court held that:
63 (2010) 9 SCC 567
64 (2013) 2 SCC 146
65 (2018) 15 SCC 725
66 (2002) 6 SCC 470
67 (1999 ) 8 SCC 649
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