AN ANALYSIS OF PROBATIVE VALUE OF EVIDENCE IN CRIMINAL TRIAL IN INDIA

The Evidence In Each And Every Case Needs To Be Considered From The View Point Truthfulness And Its Inherent Capability Of Inspiring Confidence In The Mind Of The Judge To Accept It Or Not. There Cannot Be A Prosecution Case With Cast Iron Perfection In All Respects And It Is Obligatory For The Court To Analyze, Sift And Assess The Evidence On Record, With Particular Reference To Its Trustworthiness And Truthfulness. The Judicial Scrutiny Has To Be A Dispassionate Process Of Adopting An Objective And Reasonable Appreciation Of The Same. Evidence Must Be Tested For Its Inherent Consistency And Inherent Probability Of The Story, Consistency With The Account Of Other Witnesses Held To Be Creditworthy.Each Case Presents Its Own Peculiarities, And Common Sense And Shrewdness Must Be Brought To Bear Upon The Facts Of Each Case. The Judge Has To Weigh And Decide. Neither The Indian Evidence Act Nor Any Other Lays Down Any Rule As To The Weight To Be Attached To The Evidence When Admitted, Nor Is Any Such Rule Possible For Proper Appreciation Of Evidence Is A Matter Of Experience, Common Sense And Knowledge Of Human Affairs. The Question Depends Upon So Many Circumstances That It Is Impossible To Lay Down Hard And Fast Rules. It Has Been Left To The 21Court To Decide Whether The Evidence Should Be Believed Or Not And If Believed What Weight Should Be Attached To It Or What Effect Should Be Given To It These Matters Have Been Left At Thesound Discretion Of The Court.