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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