53
Likewise, he improves upon his statement, by deposing in court that the girl had
asked two boys to one injured seriously to the hospital. In addition, his
contradictions as to what led him to the police station on 20.0.2011 – obtaining
a gumasta license, or to report the crime; and his presence at the scene of the
crime – as a property broker checking vacancy of a property, who admittedly
had no license for this business, are material. These contradictions are serious
inasmuch as they strike at the root of the witness’s credibility. His
prevarications and improvements especially about the presence of a girl are too
serious and fundamental to overlook. Very crucially this witness appears to be a
stock witness. For all the aforesaid reasons the depositions of PW-10 cannot be
accepted.
V. Identification of Manoj by PW-8
96.
The prosecution relied on the testimony of PW-8 Achyutmal Tejwani to
say that Manoj had obtained treatment from him. The witness, during his
deposition stated that he had studied from a Science College in Pakistan. He
admitted to not being licensed to practise medicine, by the Medical Council of
India; he also admitted that he did not hold any permission to practise as a
doctor, but ran Kavita clinic. He identified Manoj in court, and said that on
19.06.2011, Manoj had secured treatment for an injury on his elbow, and
another boy (who spoke in Sindhi) accompanied him. He proved Ex. P37, the
slip issued by him, containing the prescription for Manoj, which was seized on
25.06.2011 (Ex. P36) by the IO (PW-31), who deposed to it.
97.
This court is of the opinion that PW-8 is not a reliable witness. Apart
from the fact that he is admittedly an unqualified professional, and an
unlicensed one - at best a quack, counsel for the appellants quite correctly point
out that his previous links with the police cannot be ruled out, for the reason that
he migrated, later than during Partition, from Pakistan. The probability of him
practising his profession under the shadow of police patronage, for some kind of
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