evidence of rustic witness

Appreciation of Evidence of Rustic Witness

The scene of murder is rural, the witnesses to the case are rustics and so their behavioural pattern and perceptive habits have to be judged as such. The too sophisticated approaches familiar in courts based on unreal assumptions about human conduct cannot obviously be applied to those given to the lethargic ways of our villages. When scanning the evidence of the various witnesses we have to inform ourselves that variances on the fringes, discrepancies in details, contradictions in narrations and embellishments in in essential parts cannot militate against the veracity of the core of the testimony provided there is the impress of truth and conformity to probability in the substantial fabric of testimony delivered.
Supreme Court of India
Ranbir Yadav vs State Of Bihar on 21 March, 1995
Equivalent citations: 1995 AIR 1219, 1995 SCC (4) 392
Bench: M M.K.
1995 AIR 1219 1995 SCC (4) 392
JT 1995 (3) 228 1995 SCALE (2)331
1. These three appeals stem from two related incidents that took place on November 11. 1985 in village Laxmipur Taufir Bind Toli and its neighbourhood within the jurisdiction of Munger Muffasil Police Station in the State of Bihar. Before detailing the incidents and discussing the evidence on record relating thereto it will be necessary to narrate the sequence of events leading to the trial to appreciate the contentions raised on behalf of the appel- lants regarding validity of the trial as well as the admission of evidence of some of the prosecution witnesses therein.



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