The bench said that it cannot accept the contention that the testimonies were mutually corroborative since they were almost identical
Photo for representational purpose. Pic/ istock
The Nagpur Bench of Bombay High Court recently acquitted 20 persons accused of murder and observed that the eyewitnesses’ testimonies were almost identical which was humanly impossible.
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As per a report in Bar and Bench, the judgement by Justices SB Shukre and PV Ganediwala, the court stated, “six eye-witnesses deposed the occurrence of the incident in identical fashion with each and every minute detail, which in our considered opinion, is humanly impossible.”
The bench said that it cannot accept the contention that the testimonies were mutually corroborative since they were almost identical.
“It is sheer an impossible story concocted by the prosecution which just cannot be believed and which also does not appeal to the reason,” the 56-page judgement stated.
Appellant Komal Babusingh Ade and 23 others had been booked for an incident of murder and rioting which took place on Holi in 2014.
The appellants allegedly assaulted four men, out of which one of them succumbed to his injuries.
This led to a complaint by the mother of the deceased which led to an FIR. 23 persons were arrested.
After a trial in which 29 witnesses were examined, the Additional Sessions Judge convicted 20 persons. Two accused were acquitted and one was not tried by the Sessions court since he was a juvenile.
The trial court examined the 3 victims of assault and 3 eye-witnesses.
On scrutinising the testimonies of these witnesses, the High Court observed that they are almost identical and there were hardly any dissimilarities in their versions.
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