LAW OF EVIDENCE 649
Illus.
A and B jointly committed robbery at a certain place. B is charged and A, the accomplice gives evidence against him. In his evidence A describes various incidents unconnected with the robbery which occurred on the way.
Prosecution call independent witnesses to prove the truth of the testimony of the accomplice relating to the incidents on the way.
The relevant question is whether B committed robbery. The Evidence tendered by the prosecution does not relate to the relevant question. Still it will be allowed as a corroborative evidence if the Court is of opinion that it will help to corroborate the testimony of the accomplice as to robbery.
§ Corroborative Evidence by way (of) Additional* Evidence of relevant facts
Section 157.
This can be done by giving evidence of any former statement made by the witness relating to the same fact. This is based upon the principle that he, who is consistent, deserves to be believed. The mere fact of a man, having on a previous occasion made the same assertion, may add little or nothing to the truthfulness. One may persistently adhere to falsehood once uttered, if there is a motive for it so that if consistency was conclusive nothing would be easier for designing and unscrupulous persons to procure the conviction of any innocent man, who might be obnoxious to them, by first committing offences and afterwards making statements to different people and at different times or places implicating the innocent man. R. vs. Malappa, 11 Bom. H. C. R. 196 (198).
The previous statement may be a statement made on oath or otherwise and either in ordinary conversation or before some persons who had authority to investigate and question the person who made it. It may be verbal or in writing. There is one distinction between a previous statement made before a person who has authority to investigate and a previous statement made before a person not so authorised. If not made before any
***** Word inserted—ed.