26
injury of the accused persons, and more pertinently, Neha’s statement having
arrived on her Scooty and telling one of the boys to take the other injured boy to
the hospital. PW-10 also contradicted himself regarding what brought him to the
police station and regarding the TIP. In his examination-in-chief, he stated that a
woman constable was present at the TIP, whereas during cross-examination, the
witness stated that no woman constable was present at such proceedings.
Further, while PW-12 the tehsildar, PW-18 Pratap Kumar Agasia, and PW-11
Raju Sen, stated that both PW-10 and PW-11 appeared for the TIP together, PW10 did not mention the presence of PW-11 on such day. It was furthermore,
urged that PW-10’s credibility was questionable as he appeared to be a stock
witness – he deposed during his cross-examination that he had previously
appeared as a witness for the prosecution in another case registered at PS
Palasia.
48.
Mr. Singh urged that the prosecution did not give any explanation about
the delay in conducting the TIP proceedings, given that PW-10 had informed
about him sighting three persons on 20.06.2011, barely a day after the incident;
whereas the TIP was conducted much later on 14.07.2011, by which date the
photographs of the accused had been published in newspapers. Reliance was
placed on the judgments of this court which observed that a delay in a TIP must
be explained to place reliance on the testimony of a witness. Reference is made
to this court’s judgments in State of Andhra Pradesh v. Dr. M.V. Ramana Reddy
& Ors.19 and Rajesh Govind Jagesha v. State of Maharashtra20. It was submitted
that apart from being delayed, and procedurally questionable, the TIP conducted
on 14.07.2011 did not yield any information that was not already part of the
public domain. Counsel relied on Matru @ Girish Chandra v. State of Uttar
Pradesh21 where this court observed that identification tests are not substantive
19 (1991) 4 SCC 536 (para 23)
20 (1999) 8 SCC 428 (para 4-5)
21 (1971) 2 SCC 75 (para 17)
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