LAWS(SC)-1995-11-132

KARTIK MALHAR Vs. STATE OF BIHAR

Decided On November 15, 1995
KARTIK MALHAR Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) Leave granted.

(2.) The well-known maxim that "Evidence has to be weighed and not counted" has been given statutory placement in Section 134 of the Evidence Act which provides as under:- "134. No particular number of witnesses shall in any case be required for the proof of any fact."

(3.) This section marks a departure from the English Law where a number of statutes stilt prohibit convictions for certain categories of offences on the testimony of a single witness. This difference was noticed by the Privy Council in Mohamed Sunal Esa Mamasn Rer Alalah vs. The King, AIR 1946 PC 3) wherein it was laid down as under :