The Law of Evidence - Page 669

648 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES

§ Impeachment of Character otherwise than by Cross-examination

Section 155

  1. Impeachment of character of a witness is permitted by the production of independent evidence under the provisions of Section 155.

  2. This again is a right of the adverse party. So that a party who calls a witness cannot impeach the character of that witness by evidence of other persons.

  3. The impeachment may be undertaken in the following ways :

(1) by evidence of persons who testify from personal knowledge that the witness is unworthy of credit.

(2) by proof that has been bribed or accepted the offer of a bribe or has received other corrupt inducement to give his evidence.

(3) by proof of former statements inconsistent with any part of his evidence which is liable to be contracted.

(4) by proof in rape that the prosecutrix was of generally immoral character.

3 § Rules regarding corroboration and contradiction of a witness

  1. Definition of a Corroborative Evidence —Corroborative evidence simply means evidence which has the effect of confirming the truthfulness of the testimony of a witness. It is evidence which makes the assurance of a witness doubly sure.

  2. Kinds of Corroborative Evidence.— The Evidence Act recognises two kinds of Corroborative Evidence.

(i) Evidence of facts other than relevant facts.

(ii) Additional evidence of.

Section 156.

§ Corroborative Evidence of facts other than relevant facts

There are two requirements which must be fulfilled.

(i) The Corroborative circumstance of which evidence is being given must have been observed by the witness at or near to the time at which the relevant fact occurred.

(ii) The Court must be of opinion that such circumstances, if proved, would corroborate the testimony of the witness as to the relevant fact