Eyewitness Account Can’t Be Discarded Merely Because Of Inconsistencies With Medical Evidence: Supreme Court
Case: Rameshji Amarsingh Thakor v. State of Gujarat
Coram: Justices Aniruddha Bose and Justice Bela M Trivedi
Case No.: CRIMINAL APPEAL NO(S). 1183/2016
Court Observation: In the judgment of this Court reported in Darbara Singh vs State of Punjab, (2012) 10 SCC 476, this Court has given greater importance to ocular evidence over the opinion of the medical expert. This principle applies to the case before us. Even if in the opinion of the autopsy surgeon there was a mismatch of the knife with the injuries caused, the doctor’s evidence cannot eclipse ocular evidence. The evidence on postoccurrence events is consistent.
Just because there were more injuries than the ones narrated by the eyewitness cannot negate the prosecution’s version. In our opinion the discrepancies pointed out by the appellant are minor ones. An eyewitness to a gruesome killing cannot in deposition narrate a blow-by-blow account of the knife strikes inflicted on the deceased like in a screenplay
There are bound to be some discrepancies between the narrations of different witnesses when they speak on details, and unless the contradictions are of a material dimension, the same should not be used to jettison the evidence in its entirety. Incidentally, corroboration of evidence with mathematical niceties cannot be expected in criminal cases. Minor embellishment, there may be, but variations by reason therefore should not render the evidence of eyewitnesses unbelievable. Trivial discrepancies ought not to obliterate an otherwise acceptable evidence….
The court shall have to bear in mind that different witnesses react differently under different situations: whereas some become speechless, some start wailing while some others run away from the scene and yet there are some who may come forward with courage, conviction, and belief that the wrong should be remedied. As a matter of fact, it depends upon individuals and individuals. There cannot be any set pattern or uniform rule of human reaction and to discard a piece of evidence on the ground of his reaction not falling within a set pattern is unproductive and a pedantic exercise
We, accordingly, dismiss this appeal. We are apprised that the appellant is on bail. His bail bond shall stand canceled and the appellant is directed to surrender before the trial Court within a period of four weeks.
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