(A) Indian Penal Code, 1860 – Section 302 – Murder – Major inconsistencies and contradictions – Doubt Appeal against conviction – Major inconsistencies and contradictions in the statement of each of the witnesses regarding the date and time of recording of the disclosure statement. there are serious doubts regarding the story of the prosecution about the time and place of the interception of the truck. The identification, discoveries and recoveries of incriminating articles, sealing of such articles and collecting of samples have not been proved by the prosecution by leading cogent, clinching and clear evidence much less unerringly pointing to the guilt of the appellants. If that was not enough, it would be noticed that there is no independent disclosure statement and only a joint disclosure statement is available on record and that too has not been duly proved on record. Contradictions in material particulars and go to the root of the case materially affecting the trial or the core of the prosecution’s case and render the testimonies of the witness liable to be discredited. Conviction set aside. (Para 41, 60, 68)
(B) Evidence – Discrepancies – No doubt, in all criminal cases, normal discrepancies are bound to occur in the depositions of witnesses due to normal errors of observation, namely, errors of memory due to lapse of time or due to mental disposition such as shock or horror at the time of occurrence. Where the omissions amount to a contradiction, creating a serious doubt about the truthfulness of the witness and other witnesses, who also make material improvements while deposing in the court, it cannot be safe to rely upon such evidence. (Para 68)
HIGH COURT OF HIMACHAL PRADESH
2023 STPL(Web) 77 HP
Vicky Rana And Another Vs. State Of Himachal Pradesh
Criminal Appeal No. 321 of 2018-Decided on 10-08-2023.
https://stpllaw.in/wp-content/uploads/2023/08/2023-STPLWeb-77-HP.pdf
