13 25. Ms. Prakash also contended that PW-10 Dilip Sen is a chance witness whose testimony is unreliable because it contains contradictions and material improvements. It contains a material contradiction regarding his reporting to the police about seeing all the three accused. In his examination-in-chief, he stated that he read about the incident in the newspaper and therefore, went and informed the police about the incident. In his cross examination, however, he said that he did not read the newspaper and went to the police station without reading the newspaper. He also mentions going to the police station for another reason (to get a gumasta license) and upon overhearing discussions going on there about this case, he volunteered information. Further his testimony is unbelievable as, given the description of the scene of crime, the clothes of the accused should have also been smeared with blood. The recovery memos of the clothes of the accused (Ex. P29, P32, and P35) shows that the clothes worn by the accused on the day of the incident were light in colour on which blood would have been easily visible. Moreover, PW-10 explained his presence near the place of occurrence since he wanted to check if House No. 23 was available for rental purposes. However, the prosecution has not sufficiently established his presence near the place of occurrence as the owner of House No. 23 was not examined and no other evidence was led to confirm the presence of PW-10 at the place of occurrence. PW-10 further improved from his statement under Section 161 CrPC (Ex. D7) with respect to Neha’s presence at the place. Likewise, learned counsel submitted that PW-8 Achyutmal Tejwani (whose deposition was relied on by the prosecution, to say that he treated Manoj), is an unreliable witness. His credentials as a medical practitioner, was doubted: counsel relied on the witnesses’ cross-examination and submitted that this witness had migrated to India from Pakistan, and in all probability was beholden to the police. 26. Learned counsel submitted that the delay of 25 days in conducting the test identification parade (TIP) is unexplained. The delay assumes significance since

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