Minor discrepancies and inability to recall details after several years, do not vitiate the evidence: Supreme Court

The SC on June 18, 2020 {Mustak @ Kanio Ahmed Shaikh vs State of Gujarat} held that when there is a time gap between an occurrence and the trial it is impossible for police/Investigating Officer to recall minute details. It was held nor is it possible for a surgeon performing an operation to remove a bullet from the body of a patient to throw light on the chain of custody of the bullet, after it was made over to the attending Nurse.

It was further held by the Bench, comprising of Justice R. Banumathi and Justice Indira Banerjee, that minor discrepancies in evidence and inability to recall details of the description of houses, roads and streets after several years, do not vitiate the evidence of recovery itself.  It was held that the Appellant showed the police the spot where the weapons had been hidden under the sand. 

The SC held that from the evidence and materials on record it cannot be said that recovery of the weapon of offence was from an open place accessible to all. It was held that the weapons were dug out from underneath the sand in an open ground behind the Shah Alam Dargah.

It was held that the involvement of the Appellant in the offences alleged has duly been established inter alia by the injury of the victim; extraction of bullet from the body of the victim; linking of the bullet to the weapon recovered on the confession of the Appellant upon Forensic examination; the evidence of two eye-witnesses to the crime, namely the complainant (PW-8) and victim (PW-12); Identification by the complainant and the victim of the Appellant in the Identification Parades as also in Court; Identification by the Pancha witness (PW- 10) of the Appellant as the person at whose instance the weapon of offence was recovered.

The SC dismissed the Appeal, and affirmed the conviction of the Appellant and the sentence imposed upon the Appellant as enhanced by the High Court.