170. Knowledge Spectrum – Discipline – EVALUATION OF EVIDENCE 87.
267. Can the statement of a witness be taken into account, even if he/she was witnesses are to be offered for cross examination.
If the opposite side chooses not to exercise the right of cross-examination, there is no bar in taking into account the statement of such witnesses. If cross examination of a witness is not allowed or the witness did not present himself/herself for cross-examination, the statement of such witness should not be taken into consideration at all, Union of India Vs. P Thiagarajan (1998(8) JT 179]
268. What are the factors based on which the statement of a witness is given credence?
Following are the credibility factors in respect of oral evidence:
Factor
How does it apply
Integrity of the witness
Statement made by a person lacking integrity carries low credibility
Interest in the outcome of A person who is interested in the outcome of the case
proceedings carries low credibility
Competence
Statement on technical issues are to be made by persons who are conversant with it. For example, whether two signatures are alike must be affirmed by a handwriting expert
Conduct
A witness who does not exaggerate, admits what he/she did not see or hear carries more credence
Consistency
Whether the statement is free from any self-contradiction
Corroboration other evidence through Whether the statements are in tune with the evidence derived from other sources.
experience
normal human mind is hard to believe.
Conformity with normal A brother casting aspersions on the character of his human conduct
sister is difficult to believe.
Demeanour
How does the witness look during deposition
269. How far the credibility of a witness depends upon his/her status?
Status has no role in determining the credibility of witness
270. What is meant by demeanour?
Demeanour denotes the posture and behaviour of the witness while deposing. This constitutes an important input in determining the credibility of evidence tendered by the witnesses. Generally the following constitute demeanour:
► hesitation > doubts
pace of deposition variations in tone confidence
calmness > posture
eye contact or the lack of it → facial expression i.e. bright or pale, etc.
Criminal Procedure Code provides that Magistrate should make note of the demeannour of the witnesses. Similarly, the Inquiring Authority should also make note of the demeanour of the witnesses.
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