Amir Singh vs The State Of Bihar on 29 May, 2020
"7. In support of the impugned
judgment the learned counsel appearing for the
respondents vainly attempted to point out some
discrepancies in the statement of the prosecutrix
and other witnesses for discrediting the
prosecution version. Discrepancy has to be
distinguished from contradiction. Whereas
contradiction in the statement of the witness is
fatal for the case, minor discrepancy or variance
in evidence will not make the prosecution's case
doubtful. The normal course of the human
Patna High Court CR. APP (DB) No.130 of 2013 dt.29-05-2020
73/145
conduct would be that while narrating a
particular incident there may occur minor
discrepancies, such discrepancies in law may
render credential to the depositions. Parrot-like
statements are disfavoured by the courts. In
order to ascertain as to whether the discrepancy
pointed out was minor or not or the same
amounted to contradiction, regard is required to
be had to the circumstances of the case by
keeping in view the social status of the witnesses
and environment in which such witness was
making the statement. This Court in Ousu
Varghese v. State of Kerala [(1974) 3 SCC 767 :
1974 SCC (Cri) 243] held that minor variations
in the accounts of the witnesses are often the
hallmark of the truth of their testimony.