from being examined in an attempt
to avoid the real facts and truth of the episode coming before Court for its
consideration. The grievance projected ... adverting to the various facets of the same.
Realities or Truth apart, the fundamental and basic presumption in the
administration of criminal law and justice
active
interest by putting questions to witnesses in order to ascertain the truth.
The learned Judge reproduced a passage from Sessions Judge, Nellore v.
Intha ... follows:-
“Every criminal trial is a voyage of discovery in which truth is the quest.
It is the duty of a presiding Judge to explore
guilt affords some sort of
sanction in support of the truth of his confession against others
as well as himself. But a confession ... depends upon whether there was any threat, inducement or promise and its
truth is judged in the context of the entire prosecution case and that
Court has to find out as to which one was genuine and
truthful.
8. Learned counsel for the respondents, on the other hand, submitted
that ... with a criminal trial is to perform the task of
ascertaining the truth from the material before it. It has to punish the
guilty
microscopic eye to find out whether the dying declaration is voluntary,
truthful, made in a conscious state of mind and without being influenced by
other ... induced by the most powerful consideration to speak
only the truth. Notwithstanding the same, great caution must be
exercised in considering the weight
material on record, found that PW-18 ASI Harish had
not been truthful in his assertion that the victim did not say anything ... accused
has been given with lethal precision lends assurance to the
truthfulness of the dying declaration so recorded and this dying
declaration is upon proof
forward and depose against the
accused. The testimony of this witness is truthful, natural and reliable, and
the learned trial Court has committed no illegality ... Court to closely
scrutinize the evidence in order to reach to the truth. It is the duty of the
Court to separate the grain from
microscopic eye to find out whether the dying declaration is voluntary,
truthful, made in a conscious state of mind and without being influenced by
other ... induced by the
most powerful consideration to speak only the truth. Notwithstanding
the same, great caution must be exercised in considering the weight
witness. We have no
hesitation to record that both these witnesses are truthful and the trial
court erred in rejecting their evidence ... being not in a position for reasons beyond
control to speak the truth in the court or due to negligence or
ignorance or some corrupt
question is
whether the disclosure was made voluntarily and
it is truthful. It was argued that the
evidence of PW15 establish that the deceased ... fact from the existence
of some other facts, unless the
truth of such inference is
disproved. Presumption of fact
is a rule
