84
“24….Courts should bear in mind that it is only when discrepancies in the
evidence of a witness are so incompatible with the credibility of his version that
the Court is justified in jettisoning his evidence. But too serious a view to be
adopted on mere variations falling in the narration of an incident (either as
between the evidence of two witnesses or as between two statements of the same
witness) is an unrealistic approach for judicial scrutiny.”
In Appabhai and Anr. v. State of Gujarat 68, it was ruled that “The Court while
appreciating the evidence must not attach undue importance to minor
discrepancies. The discrepancies which do not shake the basic version of the
prosecution case may be discarded”. In a similar vein, it was observed, in Vinod
Kumar v. State of Haryana69 that
“Only when discrepancies in the evidence of a witness are so incompatible with
the credibility of his version that it would be justified in jettisoning his evidence.”
159. The omission of some of the prosecution witnesses to mention a
particular fact, or corroborate something, which is deposed to by other
witnesses, therefore, does not ipso facto favour an accused. What is important,
however, is whether the omission to depose about a fact is so fundamental that
the prosecution version becomes shaky and incredulous. In the present case, the
omission to depose about certain facts, by PW-4, or PW-19, or any other witness
cannot inure to the accused’s benefit. Each of the facts they omitted, was
supported by one or more witnesses. Likewise, the failure to examine certain
persons, like Anil Soni, Prakash Ichke, Abhay Tiwari, or Nandakumar, cannot
inure to the accused’s benefit. Anil Soni was present during the TIP of seized
articles, when other similar articles brought by him, for comparison and
identification by PW-1. The latter witness was able to identify the articles which
had been seized from the accused; this was deposed to by PW-12, whose
testimony cannot be doubted. The failure to examine Anil Soni therefore, was a
lapse, but not a fatal one, as far as the TIP itself went. Likewise, the failure to
examine Prakash Ichke is of no consequence, because the recoveries made on
68 1988 Supp (1) SCC 241
69 (2015) 3 SCC 138
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