prosecution to prove their physical presence at the scene of occurrence and participation in the crime. The aforesaid circumstances appearing in the prosecution evidence ... circumstances appearing in the evidence adduced in the case. Thus it is necessary to scrutinise the evidence adduced by the prosecution to see whether
evidence. However, where the medical evidence goes so far that it completely rules out all possibility of the ocular evidence being true, the ocular evidence ... prejudged making any other evidence, including medical evidence, as the sole touchstone for the test of such credibility. The evidence must be tested
Mukherjee has submitted on the merit of the prosecution case after analysing the prosecution evidence in detail. Mr. Mukherjee contends that the learned Judge himself ... prosecution and discarding most of the prosecution witnesses should not have convicted the present appellants out of 39 persons and judging the prosecution evidence
even though it is plethora of evidence and
convincing the evidence let in by the prosecution,
arrived at the conclusion that the prosecution ... trial Court failed to
appreciate the evidence even though sufficient evidence
has been facilitated by the prosecution in recording the
conspiracy held by accused
above was the evidence of the injured eye witnesses, in all seven, on record. After perusing this evidence of the prosecution, now, we shall examine ... that on the otherside, evidence of interested injured eye witnesses whose evidence is required thorough scrutiny. On scrutiny of the evidence of interested injured
evidence including medical evidence. In the light of evidence of eye witnesses, if the Investigating Officer has not come forward to record his evidence, that ... discard the entire evidence of witness PW 4, particularly, when the evidence of PW-4 is corroborated by other evidence of prosecution. Witnesses
doubt in the prosecution case by establishing this plea by referring to the circumstances transpiring from the prosecution evidence itself. The question in such ... injuries of accused persons by the prosecution, we would like to first appreciate the prosecution and defence evidences.
40. The prosecution case commenced with
evidence. However, where the medical evidence goes so far that it completely rules out all possibility of the ocular evidence being true, the ocular evidence ... Court. Unless oral (ocular) evidence is totally irreconcilable with medical evidence, it has primacy. Where medical evidence totally improbablise ocular version, that can be taken
piece of evidence and has treated this evidence as an important corroborative piece of evidence while accepting the oral version of the prosecution witnesses ... exaggerated and there are material contradictions between his evidence and the evidence of other prosecution witnesses, who have been posed as eye witnesses
trustworthy witnesses; there is no
inconsistency between the ocular evidence and medical evidence;
prosecution has proved the place of occurrence; the land which Gulzar
Ansari ... very careful in weighing such evidence.
Whether or not there are discrepancies in the evidence;
whether or not evidence strikes the court as genuine whether
