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I have well considered this submission. Of course, this
inconsistency is very much there on the record, but it is apt to be borne in
mind that this occurrence took place on 17.5.2005, whereas the aforesaid
witnesses were examined on 26.9.2006. During this interregnum, their
memory was bound to haze and fade with the efflux of time. Furthermore,
this incongruity is too minor to take serious note of. Consequently, this
contention is turned down.
It has been further pressed into service on behalf of the
appellant that the recovery was got effected from the right pocket of the
shirt which was white in colour and when the same was dipped in the
solution, it had got turned pink and this very shirt was taken into possession
by the police. When the same was opened in the Court, the same was white,
which falsify the story of the prosecution that when pocket of the shirt was
dipped it had turned pink. This contention again is unsustainable. The
witnesses were examined after the lapse of more than one year. Firstly, the
colour of the pocket had got stripped off by mixing with the water, when it
was dipped in the solution. Secondly, with the passage of time, it might
have faded away. So, this contention is overruled.