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
motive to
commit the crime stands proved not only from the ocular testimony of
the prosecution witnesses but also from the medical evidence.
Last seen
investigation.
Most importantly, there was a grave contradiction in the ocular
testimony and the medical evidence. It has come in the evidence ... 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
time of
incident is established not only from their ocular testimony but also
from the circumstantial evidence which has come on record.
According ... carrying the victim to the hospital.
Recovery of Knife
40. The ocular testimony of PW2 and PW3 that appellant Ravi
inflicted several knife blows
case of the prosecution is based primarily on the
ocular testimony of complainant Faudari Kumar and his
roommates Chhotu, Ashok Kumar, Bhopal and their landlord ... there to sleep.
11. We see no reason to disbelieve the ocular testimony
of PW-3 Ashok Kumar, PW-4 Bhopal and the complainant
motive behind the alleged crime. It was contended that when the ocular testimony is
in serious doubt, motive becomes an important factor. Since the prosecution ... examination.
22. From the above discussion, it is apparent that the ocular testimonies of PW5
Constable Suresh Chand and PW6 Head Constable Harbans
contradiction between the medical evidence and ocular evidence can
be crystallized to the effect that though the ocular testimony of a witness has
greater evidentiary ... ocular evidence
being true, the ocular evidence may be disbelieved. In the instant case the
medical evidence neither makes the ocular testimony improbable nor rules
similar situation, while dealing with variations between ocular
testimony and the medical evidence, in a criminal case, the Supreme Court
Crl.A.681/2009 Page ... 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
apparent that the
same is in consonance with the ocular testimonies of PWs.2 and 3. As
noticed 10 injuries by a sharp weapon were ... regarding the occurrence and
perpetrators. Medical evidence also supports the ocular testimonies.
21. The presence of PW.3 at the place of occurrence cannot
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
