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
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
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
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
hiding. This omission in the prosecution evidence could not corroborate the ocular testimony of PW-1 whose statement was only an imaginary description.
Similarly ... site plan does not in any way dilute the ocular testimony of PW-1 and PW-2 on that score.
The presence
turned hostile. There is no ocular testimony worth believing credible enough to bring home the guilt on the appellant. He submits that there ... reasonable doubt which clearly establishes the uncreditworthiness of the ocular testimony. The source of light having not been established and whether it was a torch
recovery memo is only a paper transaction as against the ocular testimony and the deposition made in Court. It is further submitted that ... submits that the prosecution story cannot be sustained on the sole ocular testimony of Smt. Shanti Devi which does not in any way disclose
noted that the case is based on the ocular
testimony of the victim himself as perceived by him.
It is also submitted that Alima ... stood the test of cross-examination by the defence and
his ocular testimony goes unimpeached, save and except defensive
suggestion put to him that
details are mentioned in G.D., Post-mortem report corroborates ocular testimony, hence accused appellants have been rightly convicted and punished.
23. Before proceeding ... mention that Surendra Pal Singh also opened fire and therefore ocular testimony of PW-1 and PW-2 should be taken as a subsequent improvement
contradiction between medical evidence and ocular evidence stands crystallised to the effect that though the ocular testimony of a witness has greater evidentiary value ... medical evidence, when medical evidence makes the ocular testimony improbable, that becomes a relevant factor in the process of the evaluation of evidence. However, where
