during trial it cannot be said that she is a "sterling
witness" on the basis of her exclusive testimony, conviction can
be upheld ... gathered safely that she
qualified the test of "sterling witness".
16. We have perused the record and proceedings
of the learned Trial Court
standard as who should be said to be a "sterling witness". The learned Trial
Court has also relied on the case of Krishna ... have treated the deposition of the Informant
as of sterling quality of a sterling witness and thereby, relying solely on her
deposition, should have convicted
such a witness qualifies the above
test... it can be held that such a
witness can be called as a 'sterling
witness' whose ... entire edifice on a single
witness, had the burden to establish that the witness satisfied
the sterling test. In my considered opinion, that burden
which assumes importance. Even if the witness is a
solitary witness, he still can be a reliable witness if his testimony
is found ... category of 'sterling witness', a witness
should be truthful and consistent from the point when the witness
has made the initial statement
considered to be a sterling witness. The following excerpt is
being reproduced from the above judgment:-
"22. In our considered opinion, the 'sterling ... omissions in the statements of prosecutrix and this witness cannot be
considered to be witness of sterling quality.
19/ The Apex Court has although underlined
been held that :
"15. In our considered opinion, the 'sterling
witness' should be of a very high quality and caliber
whose version ... held
that such a witness can be called as a 'sterling
witness' whose version can be accepted by the Court
without any corroboration
testimony of
the victim being credit worthy to be termed as sterling witness
rt
whose version can be accepted without corroboration steps ... make
reference to the evidence of the so called 'sterling
witness' of the prosecution, namely, the prosecutrix,
.
according to her version
father. In these circumstances victim could not be termed as sterling witness being untrustworthy and blemished.
(vi) The Trial Court has passed the impugned judgment ... occurrence also comes under scanner.
(B) Whether victim is a sterling witness?
15. It is well settled that conviction in rape case could be based
holding
that the prosecutrix cannot be held to be a ‘sterling witness’, the Court
opined as under:
“22. In our considered opinion, the ‘sterling witness ... held that such a witness can be
called as a ‘sterling witness’ whose version can be accepted by the
court without any corroboration and based
unblemished and should be of sterling quality.
19
10.3. Who can be said to be a "sterling witness", has been dealt
with ... trustworthy, unblemished
and should be of sterling quality.
10.3. Who can be said to be a "sterling witness", has been dealt
with
