In case A. Shankar Vs. State of Karnataka, 2011 VII AD
(SC) 37, the Hon'ble Supreme Court has held :
"....... Exaggerations per se do not render the evidence
brittle. But it can be one of the factors to test the
credibility of the prosecution version, when the entire
evidence is put in a crucible for being tested on the
touchstone of credibility. Therefore, mere marginal
variations in the statements of a witness cannot be
dubbed as improvements as the same may be
elaborations of the statement made by the witness
earlier.
In case A. Shankar Vs. State of Karnataka, 2011 VII AD
(SC) 37, the Hon'ble Supreme Court has held :
"....... Exaggerations per se do not render the evidence
brittle. But it can be one of the factors to test the
credibility of the prosecution version, when the entire
evidence is put in a crucible for being tested on the
touchstone of credibility. Therefore, mere marginal
variations in the statements of a witness cannot be
dubbed as improvements as the same may be
elaboration of the statements made by the witness
95 of 99
96 FIR No. 48/09
PS - Alipur
earlier.
At the cost of repetition, in case A. Shankar Vs. State of
Karnataka, 2011 VII AD (SC) 37, the Hon'ble Supreme Court has
held :
"....... Exaggerations per se do not render the evidence
brittle. But it can be one of the factors to test the
credibility of the prosecution version, when the entire
evidence is put in a crucible for being tested on the
touchstone of credibility. Therefore, mere marginal
variations in the statements of a witness cannot be
dubbed as improvements as the same may be
elaborations of the statement made by the witness
earlier.
19. An argument was made that there are discrepancies in the
prosecution story which creates a doubt and the benefit of the said
doubt should go to the accused persons. It is not the law that when-
ever there is a discrepancy, invariably its benefit has to go to the ac-
cused. Only in the case of major discrepancies, such a benefit can
S.C. No. 107/10 FIR No. 341/2009 State vs. Salahuddin & Anr. 32 /39
go to an accused but if the discrepancy is only minor in nature, no
fatality can be attached to it. In A. Shankar vs. State of Karnataka
2011 (6) SCC 279, Hon'ble Supreme Court made following observations
in this regard:
15. An argument was made that there are discrepancies in the
prosecution story which creates a doubt and the benefit of the said
doubt should go to the accused persons. It is not the law that when-
ever there is a discrepancy, invariably its benefit has to go to the
accused. Only in the case of major discrepancies, such a benefit
can go to an accused but if the discrepancy is only minor in nature,
no fatality can be attached to it. In A. Shankar vs. State of
Karnataka 2011 (6) SCC 279, Hon'ble Supreme Court made following
observations in this regard:
25. It is not the law that whenever there is a discrepancy, invari-
ably its benefit has to go to the accused. Only in the case of major
discrepancies, which make the prosecution case absolutely unaccept-
able, that such a benefit can go to an accused but if the discrepancy is
only minor in nature, no fatality can be attached to it. In A. Shankar
vs. State of Karnataka 2011 (6) SCC 279, Hon'ble Supreme Court made
following observations in this regard:
In case A. Shankar Vs. State of Karnataka, 2011 VII AD
(SC) 37, the Hon'ble Supreme Court has held :
"....... Exaggerations per se do not render the evidence
brittle. But it can be one of the factors to test the
credibility of the prosecution version, when the entire
evidence is put in a crucible for being tested on the
touchstone of credibility. Therefore, mere marginal
variations in the statements of a witness cannot be
dubbed as improvements as the same may be
elaborations of the statement made by the witness
earlier.