Evidence has to be weighed and not counted. Discuss

Question: Evidence has to be weighed and not counted. Discuss

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Answer

Section 134 makes a categorical declaration that “no particular number of witnesses shall, in any case, be required for the proof of any fact.” How many witnesses are necessary for the proof of a fact is wholly left to the judgment of the court and no judgment can be declared to be unfounded only because there was only one witness

Since under the Evidence Act no particular number of witnesses is required for the proof of any fact, it is a sound and well-established rule of law that quality and not the quantity of evidence matters. In each case, the court has to consider whether it can be reasonably satisfied to act even upon the testimony of a single witness for the purpose of convicting a person.

Goswami, J., of the Supreme Court in the case of Badri v. State of Rajasthan, A.I.R. 1976 S.C. 560 stated that what matters, is not the quantity of evidence, but it’s quality.

The court has observed in the landmark case of Laxmibai v. Bhagwantbuva, (2013) 4 SCC 97, that in the matter of appreciation of evidence of witnesses, it is not the number of witnesses but the quality of their evidence which is important, as there is no requirement in law of evidence that any particular number of witnesses is to be examined to prove/disprove a fact.

It is a time-honoured principle that evidence must be weighed and not counted. The test is whether the evidence has a ring of truth, is cogent, credible and trustworthy or otherwise. The legal system has laid emphasis on value provided by each witness, rather than the multiplicity or plurality of witnesses. It is quality and not quantity, which determines the adequacy of evidence as has been provided by section 134 of the Evidence Act.

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