...omnibus (once a liar, always a liar) is inapplicable. Therefore, merely because the learned Judge has not believed the witnesses with regard to the other co-accused persons, there is no need to...has convicted the appellants for offence under Sections 302/34 IPC and has sentenced them to Life Imprisonment and has fined them with Rs. 1000/- each and to further undergo a term of two years of...simple imprisonment in default thereof.2. In a nutshell, the story of the prosecution is that on 1.4.1998, Ram Swaroop (P.W 2) orally lodged a report at the Police Station Chechat about an...

...be cross-examined as Indian Criminal Jurisprudence does not accept the principle "once a liar, always a liar". Something more for 1203apeal306.98-Judgment 10/17 rejecting her said evidence would b...at the time of his death, was the father of the present appellant. He had three sons Ramdas, Bhika-the present appellant and Tejrao, 1203apeal306.98-Judgment 2/17 besides a daughter...husband at village Nimkarda. On 08/11/1993, deceased Mahadeo left his house, for going to unknown destination. As he did not return within a reasonable period of time, his wife, sons...

...learned counsel is misplaced. For, one of the principles of criminal jurisprudence is that once a liar is not always a liar. Therefore, even if the denial of Atmaram can be disproved, it would not...order dated 17.02.2010It is the case of the petitioner that the respondent, Agarwal Shoes Company, had filed a complaint under Section 138 of the Negotiable Instrument...Act against the petitioner on the ground that a cheque issued by the petitioner was dishonored. One of the defences taken by the petitioner was that Atmaram, one of the directors of the company...

....This argument may appear to be forceful in the first blush, but it loses its strength in a deeper appreciation of evidence. Firstly, the doctrine of falsus in uno, falsus in omnibus (once a liar is...that a witness is an interested one, merely puts the Court on a guard and compels the Court to seek corroboration from other evidence.Furthermore, once Ladu Singh (P.W.1) was informed...the accused persons did not belong to the blood group ‘A’, even then it would not weaken the case of the prosecution.Once the blood of the deceased was discovered on the clothes of the...

...-sheeted, it would not be fatal to the case of the prosecution. Furthermore, the courts in India have not relied upon the doctrine that “once a liar, is always a liar”. Therefore, even if for the ..., the learned Judge was certainly justified in framing a charge for offence under Section 307/34 IPC.14. In catena of cases, the Hon'ble Supreme Court has observed that it is always wiser..., Police Station Khimasar, District Nagaur, recorded the Parcha Bayan of Rikhab Chand, wherein he claimed that he and his family members are co-joint owners of a land in khasra No. 595 measuring 57 biga 11...

...inapplicable in India. Therefore, the Courts in India do not believe that “once a liar is always a liar.” In order to buttress this contentions, the learned Public Prosecutor has relied upon the c...Act’, for short), and having been sentenced to ten years of rigorous imprisonment, having been imposed with a fine of Rupees one lac, and further directed to undergo one year of rigorous imprisonment...31.8.2003, around 1:15 PM, the SHO, Police Station Kotwali. Mr. Surendra Singh (PW. 10), received a secret information that there is a person standing in Govind Dev Colony, behind Chogan Stadium, in front...

...to saying that, if a witness lied in one case, he/she must be branded as a liar in the subsequent cases as ‘once liar is an always liar’. That is not the principle of law. Law permits ...appellant of the offence under Section 114 I.P.C3. Criminal Appeal No. 473 of 1989 is to be heard by a learned Single Judge. It has been clubbed with Criminal..., we have heard both the Appeals together and pronounced a common Judgment in both the Appeals.4. We have heard Sri A.B Patil, the learned Additional State Public Prosecutor for the State...

...circumstances if any particular witness could not be shown on his statement and his previous statements to be definitely a liar, it would be impossible to have any confidence in what he said. For the...Lord Russell of Killowen:- This appeal was brought by special leave from a judgment of the High Court of Judicature at Allahabad, which reversed an order of acquittal passed by the...assessors, found the accused not guilty of any of the offences charged against them, and acquitted all of them. The Sessions Judge formed a clearly expressed opinion that the evidence against the accused was...

...of the driver P. W. 3 showed that the Sessions Judge considered him a liar and therefore an unreliable witness and as such there could be no question of the corroboration of his testimony. It is true...is a disinterested witness. Once it is rejected it cannot be used as corroboration of the evidence of P. W. 3. Thus so far as this accused is concerned one is left only with the testimony of P. W. 3...benefit of doubt and must be acquitted, once the evidence of P.W. 2 with respect to him is rejected. Re. Kasetti Seenappa (A-5) and Gaddala Maddanna (A-7). 8. This...

...branded as liar(s). The maxim “falsus in uno falsus in omnibus” has not received general acceptance nor has this maxim come to occupy the status of the rule of law. It is merely a rule of caution. All..... 1957 SCR 657, AIR 1957 SC 366, 1957 Cri LJ 550) In a given case, it is always open to a court to differentiate the...Arijit Pasayat, J.— Leave granted.2. Challenge in this appeal is to the judgment rendered by a Division Bench of the Andhra Pradesh High Court...

.... The transaction alleged rested on conversation, except for the one let ter which quoted a rate of pre mium against war risk. There is always considerable difficulty when one of a number of...wholly indefensible manner. It is fami liar enough that in country cases all over India claimants intentionally defer the commencement of suits till they are all but time-barred - a practice so deeply...further paragraphs, this was founded on (a) a written quotation by the defendants of their lowest rate on jute per Constantinos XII at per cent. and war risk at 5 per cent. less 10 per cent.; (b) an...

...falsus in uno, falsus in omnibus has no application in India and the witness cannot be branded as a liar. In case this maxim is applied in all the cases it is to be feared that administration of criminal...Prasad Verma (PW 8), Jata Shankar Singh (PW 7) and other persons of the same village that her daughter had been raped and killed by Ramesh, the appellant. She also made a request that the dead body of...-mortem on 3-2-1996. The autopsy was conducted by Dr Ajay Kumar Verma and Dr S.S Dwedi of the District Hospital. In their opinion, death was due to shock and haemorrhage as a result of ante-mortem...

...unassailable. It is not for us to fathom the motivations of a man. His actions and reactions are unpredictable as they depend upon so many circumstances. There is, however, always some dominant and impelling...admitted that his father was anxious to see his grandson. The evidence of Amalendu that Bhim Sain had gone to see Rita in Simla has been disbelieved. The trial Judge called Amalendu a coward and a liar...P. Jaganmohan Reddy, J.— This appeal is by special leave against the grant of a probate of the Will of Bhim Sain Arora dated February 8, 1961 in favour of his wife Saraswati...

...injuries were not of the same time; some were about 4 hours old and the others were 12 hours old and some were one or two days old. Rajkumar (PW 12) is a liar as is evident from his testimony. He has...:“But the position may be different when the accused or a culprit who stands trial had been seen not once but for quite a number of times at different points of time...Arijit Pasayat, J.— “If you once forfeit the confidence of our fellow citizens you can never regain their respect and esteem. It is true that you can fool all the people some...

...an injured victim of a crime, she is, more often then not, treated as a sinner and shunned. It must, therefore, be realised that a woman who is subjected to sex violence would always be slow and...agree with the High Court's observation that “the prosecutrix is not only prone to make improvements and exaggerations, but is also a liar disclosing a new story altogether to serve her interest”. This...(Maharashtra) reversing the conviction of the respondent Chandraprakash Kewalchand Jain, a Sub-Inspector of Police, under Section 376, IPC for having committed rape on Shamimbanu, a girl aged about 19...

...once a sum of Rs. 10,000/- was given by accused to one of the brother of the deceased and Rs. 30,000/- was given to maternal uncle of the deceased by the accused. It is also borne out from the record...liar as highlighted by the trial Court is that though the accused had attempted to save the life of the deceased immediately on occurrence of the incident by taking her into a bathroom and showering her...the offences punishable under Sections 498-A and 306 of the Penal Code, 1860 has been assailed in this appeal under Section 378 of the Code of Criminal Procedure...

.... He further held that she was “a shocking liar” whose testimony “is riddled with falsehood and improbabilities”. But he observed that “the farthest one can go into believing her and the corroborative...A.D Koshal, J.— This appeal by special leave is directed against the judgment dated October 12, 1976 of the High Court of Judicature at Bombay (Nagpur Bench) reversing a...rigorous imprisonment for a year and 5 years respectively.2. Briefly stated, the prosecution case is this. Appellant 1, who is a Head Constable of Police, was attached to the...

...Arijit Pasayat, J. Politics, which was once considered the choice of noble and decent persons is increasingly becoming a haven for law breakers. The 'Nelsons' eye turned...as direct testimony went, was the same does not lead as a necessary corollary that those who have been convicted must also be acquitted. It is always open to a Court to differentiate accused who had...extent of their deification. For some it brings seal for respectability and for some others, it is intended to be used as a shield for protection against law enforcing agencies and that is how reports of...

Can't display summary as content is Scanned, Please open the judgment to see full content.