and a girl child on his shoulder on 30th December 2010 at about 8:30 p.m. This date – 30th December 2010 – has been repeatedly mentioned by Bhimappa Talawar (PW-8) and Hanamappa Talawar (PW-10) and once by Gadigeppa Talawar (PW-9). The counsel for the appellant has harped on the inconsistency of these dates. On the other hand, the State has contended that this contradiction should have been put to the witnesses in question in their cross-examination by the defence. We would have to reject the contention raised by the State as untenable and fallacious. It is an accepted position that the defence is entitled to rely upon contradictions in ocular evidence furnished by the eye-witnesses and highlight any incongruity between their versions and the prosecution’s case. It is not a universally affirmed position that the witnesses must be confronted by the defence to seek advantage of the contradictions. 13. On the aspect that Yallapagouda Kagadal (PW-7), Bhimappa Talawar (PW-8), Gadigeppa Talawar (PW-9) and Hanamappa Talawar (PW-10) are planted witnesses, at first we take note of the site map (Exhibit P-8) which indicates the place/location where Yallappagouda Kagadal (PW-7) resides and also the pathway from the village to the stream, which is about a kilometre long. Shrinivasreddi Ramanagouda Hosamani (PW-15) has deposed Criminal Appeal Nos. 1473-1474 of 2017 Page 13 of 30

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