Minor inconsistencies in witnesses testimony irrelevant: SC

A bench of justices H L Dattu and Anil Dave gave the ruling, upholding the life sentences of two convicts Kathi Bharat Vajsur and Kathi Ramku Vajsur in a 1984 murder case relating to Gujarat's Amreli district.

Kathi Fakira Vajsur, the prime accused in the case had died during the pendency of the trial.

The apex court concurred with the Gujarat High Court's decision to reverse the acquittal by the trial court which had disbelieved the prosecution's evidence.

"Perhaps the trial court took a hyper-technical view by primarily concentrating on minor contradictions to hold that the prosecution has failed to prove the guilt of the accused beyond reasonable doubt.

 

"We are not in agreement with the findings and conclusions reached by the trial court. When the medical evidence is in consonance with the principal part of the oral /ocular evidence, supporting the prosecution story, there is no question of ruling out the ocular evidence merely on the ground that there are some inconsistencies or contradictions in the oral evidence," observed Justice Dattu, who wrote the judgement.

Citing an earlier ruling of the apex court that there is no fixed pattern of reaction of an eyewitness to a crime, the bench said, "When faced with what is termed as "an unusual reaction" of an eyewitness, the Court must only examine whether the prosecution story is in anyway affected by such reaction. MORE