Conflicting Testimonies
evidence judiciary intermediate pyq_discussionYaar, I'm still scratching my head over this one. It's from last year's Judicial Services exam: 'X and Y are eyewitnesses of the same accident. Their testimonies are in conflict. But subsequently, X admits that he was under the influence of alcohol at the time of the accident. Can you reject Y's testimony under Section 118 of the Evidence Act?' Ab aap sochne lagte hain ki Section 118 kya hai?
First, let's identify the relevance of Section 118, which speaks about a person who is incapable of appreciating the nature of an act or omission as wrong. Y's testimony shouldn't be rejected solely due to conflict with X's statement. Instead, we need to consider whether Y's ability to observe and narrate the incident is impaired due to reasons other than intoxication.