victim in the
manner as sought to be projected. If the ocular
testimony is such that it is not possible to relate the
injuries with ... variance/contradiction between the ocular evidence and
the medical evidence, is too wide and it improbablises the ocular
testimony, the same becomes a very relevant
case of contradiction between medical and ocular evidence can be crystallised to the effect that though the ocular testimony of a witness has greater evidentiary ... value vis-à-vis medical evidence, when medical evidence makes the ocular testimony improbable, that becomes a relevant factor in the process of the evaluation
ocular/oral evidence is
so extreme and when the medical evidence completely rules out all
probabilities of ocular/oral evidence being true, the ocular evidence ... variance/contradiction between the
ocular evidence and the medical evidence, is too
wide and it improbablises the ocular testimony, the
same becomes a very relevant
nothing to disbelieve them. The ocular testimony is duly supported by
medical evidence. The defence version is just a plea of denial and the Court ... come forward during trial on the basis of ocular testimony i.e. by way of
statement of the complainant and the eye-witnesses present
using 12-bore pellet. The defence did not lead any ocular testimony, whatsoever.
The defence only moved an application praying for obtaining report pertaining ... that rifle was used in the commission of the offence. The ocular testimony is in sheer contrast to the medical testimony, which (medical) is innocuous
theory of single fire, whereas medical evidence does not corroborate ocular testimony of prosecution witnesses on point of single fire. Weapon used in committing ... well as testimony impels us in summing up that the testimony of the prosecution witnesses on the whole does not inspire confidence. Testimony
shows that the medical testimony is not in consonance with the ocular testimony. That way, the FIR itself is ante-timed and the time ... deceased might have died instantaneously after he sustained injuries, whereas, the ocular testimony has come forth to the ambit that the deceased was alive after
quarrel, per the version in the FIR, as indeed in the ocular
testimony on record, essentially related to the right of way since ... fire arm injury. The
prosecution rests its case primarily on the ocular testimony (besides
documents in the nature of the two cheques referred to earlier
credibility of the prosecution witnesses who have corroborated
by their ocular testimony about the incident of crime taking place at the potato
field of Jhoro ... homicidal in nature. We are of the considered view that ocular
testimony of prosecution witnesses, namely
genesis of the motive of the occurrence is not proved, the ocular testimony of the witnesses as to the occurrence could not be discarded only ... Supreme Court observed that "where unimpeachable ocular testimony supported by medical evidence is available, none recovery of the weapon of assault