 Should the demeanor of the witness also be recorded if it hasn't been recorded and not subsequently being signed by the witness. Can it be used as a basis of judgment. There is nothing like the witness signing is demeanor, demeanor is watched by the trial court. The court has to record a finding and the type of judgment, whether that evidence of the witness could be believed or not. If the judge has watched the demeanor of the witness, the way he has answered, the way he has refused to answer, the way he conducted himself in the witness box, his mannerism, all going to the mind of the judge before he records a finding. Here is a witness who he can rely upon or who cannot rely upon. Sometimes it so happens the judge has the liberty to make a note in the order sheet saying, this is how the witness was examined by behaving in the witness box. Because there is possibility that after he records it he may not be able to write the judgment. So if the demeanor is noted, not only he need not sign his memory, it will come to his mind the moment he reads it. That goes a long way. Question of witness signing the demeanor is not written. That is why he said, if a finding is recorded by a trial judge purely based on the oral evidence of a witness, though the first appellate court in the final court on facts, if the appellate court can come to a different conclusion than the trial court, if two reasons are possible, the first appellate court should not interfere with the finding recorded with the trial court because the appellate court did not have the opportunity of watching the demeanor. Therefore the trial court finding gains weight because he has observed the witness, observed the demeanor witness and then he has recorded a finding on appreciating the oral evidence.