evidence and believed the spot arrest of the appellant and the ocular testimony of the court witnesses, CW-1 and CW-2 to establish ... that the medical testimony does not in any way impede the ocular testimony, inasmuch as, the corroborating evidence in relation to the entire incident
CONVICTION 16
Submissions of behalf of the Appellant/Ariz Khan 16
Ocular Testimony of Eye-Witnesses is Not Reliable 17
No physical description 17
Deployment ... Voice Comparison 26
Submissions of behalf of the Respondent/State 26
Ocular Testimony of the Eye-Witnesses, Including the Injured Eye- 28
Witness
Corroborative Evidence
death.
52. The law on the point of alleged discrepancies between ocular testimony and medical/post-mortem report needs to be discussed in brief here ... contradiction between medical evidence and ocular evidence can be crystallised to the effect that though the ocular testimony of a witness has greater evidentiary value
case as set out in the First Information Report and the ocular testimony to support the same, being thoroughly inconsistent and exaggerated, particularly the testimony ... then in the wake of a completely uncreditworthy ocular testimony of the witnesses, there is no burden cast on the appellant to offer any such
appellants.
Learned counsel further argued that there are
discrepancies in the ocular testimony vis-à-vis the medical
evidence. As per the post mortem report ... gruelling cross-
examination and the medical evidence also corroborate the
ocular testimony.
He further argued that the manner in which the
deceased persons were taken
thereafter, FIR was lodged and police came into action. Therefore, ocular testimony of fact that accused-appellant killed his wife by chopping her neck with ... said to be belated by any means. Trial Court found ocular testimony of PW-2, due creditworthy, reliable and clean. Certain contradictions pointed
their testimony.
13. After considering the ocular testimony, the learned trial court also examined the arguments made by the accused that ocular testimony contradicts medical ... single gun shot injury. Summing up its conclusion based on ocular testimony and medical evidence, the learned trial Court found the appellants guilty
trial court after having assessed the evidence including the ocular testimony of P.W.-1 and P.W.-2 as well as medical evidence, came ... Therefore, her testimony is absolutely unreliable. Thus, the ocular testimony of P.W.-2 being untrustworthy, any other evidence corroborating the same should also
later. Learned counsel then argued that the
medical evidence belied the ocular testimony inasmuch as
none of the injuries, on the deceased could correspond ... contradiction at all between the medical evidence and the
ocular testimony and the alleged contradiction as pointed
out by the defence was imaginary
trial Court that the medical evidence was
contrary to the ocular testimony of the witnesses, inasmuch as
the post mortem reports of the deceased ... perverse or not.
21. With regard to the conflict between the ocular testimony
and the medical evidence, in our considered opinion, the High
Court
