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Showing contexts for: single testimony in Baiju @ Vijay Singh Baghel vs State Of M.P. on 25 May, 2018Matching Fragments
4. It is trite law that the conviction can be sustained based on testimony of single PW provided the same inspires confidence. The testimony of PW-9 as disclosed above is trustworthy and sufficient to bring home the charges alleged against the appellant. Merely due to minor omission, contradiction and embellishment, the entire testimony of PW-9 can not be thrown overboard. In regard to the probative value of testimony of single PW to sustain conviction this court is supported in its view by judgment of Apex Court in the case of Vadivelu Thevar Vs. The State of Madras reported in AIR 1957 SC 614, Para11 of which is reproduced below:-
"11. ..............................The Indian Legislature has not insisted on laying down any such exceptions to the general rule recognized in S. 134 quoted above. The section enshrines the well recognized maxim that " Evidence has to be weighed and not counted". Our Legislature has given statutory recognition to the fact that administration of justice may be hampered if a particular number of witnesses were to be insisted upon. It is not seldom that a crime has been committed in the presence of only one witness, leaving aside those cases which are not of uncommon occurrence, where determination of guilt depends entirely on circumstantial evidence. If the Legislature were to insist upon plurality of witnesses, cases where the testimony of a single witness only could be available in proof of the crime, would go unpunished. It is here that the discretion of the presiding judge comes into play. The matter thus must depend upon the circumstances of each case and the quality of the evidence of the single witness whose testimony has to be either accepted or rejected. If such a testimony is found by the court to be entirely reliable, there is no legal impediment to the conviction of the accused person on such proof. Even as the guilt of an accused person may be proved by the testimony of a single witness, the innocence of an accused person may be established on the testimony of a single witness, even though a considerable number of witnesses may be forthcoming to testify to the truth of the case for the prosecution. Hence, in our opinion, it is a sound and well- established rule of law that the court is concerned with the quality and not with the quantity of the evidence necessary for proving or disproving a fact...................."
The aforesaid judicial view continues to hold the field vide Prithipal Singh and others Vs. State of Punjab and Another (2012) 1 SCC 10, para 49 of this judgment is reproduced below:-
"49. This Court has consistently held that as a general rule the Court can and may act on the testimony of a single witness provided he is wholly reliable. There is no legal impediment in convicting a person on the sole testimony of a single witness. That is the logic of Section 134 of the Evidence Act. But if there are doubts about the testimony, the court will insist on corroboration. In fact, it is not the number or the quantity, but the quality that is material. The time-honoured principle is that evidence has to be weighed and not counted. The test is whether the evidence has a ring of truth, is cogent, credible and trustworthy or otherwise. The legal system has laid emphasis on value, weight and quality of evidence, rather than on quantity, multiplicity or plurality of witnesses. It is, therefore, open to a competent court to fully and completely rely on a solitary witness and record conviction. Conversely, it may acquit the accused in spite of testimony of several witnesses if it is not satisfied about the quality of evidence. (See: Vadivelu Thevar v. The State of Madras, AIR 1957 SC 614; Sunil Kumar v. State Govt. of NCT of Delhi, (2003) 11 SCC 367; Namdeo v. State of Maharashtra, (2007) 14 SCC 150; and Bipin Kumar Mondal v. State of West Bengal, AIR 2010 SC 3638)."