Supreme court: What will be impact of Material vs. Normal Discrepancies on credibility of prosecution witnesses?

 In State of Rajasthan v. Smt. Kalki and Anr.   MANU/SC/0254/1981 : AIR 1981 SC 1390, while dealing with this issue, this Court observed as under:

In the depositions of witnesses there are always normal discrepancies, however honest and truthful they may be. These discrepancies are due to normal errors of observation, normal errors of memory due to lapse of time, due to mental disposition such as shock and horror at the time of the occurrence, and the like. Material discrepancies are those which are not normal, and not expected of a normal person. {Para 18}

19. The courts have to label the category to which a discrepancy belongs. While normal discrepancies do not corrode the credibility of a party's case, material discrepancies do so. (see: Syed Ibrahim v. State of A.P.   MANU/SC/8237/2006 : AIR 2006 SC 2908; and Arumugam v. State   MANU/SC/8108/2008 : AIR 2009 SC 331).

20. In Bihari Nath Goswami v. Shiv Kumar Singh and Ors.   MANU/SC/0158/2004 : (2004) 9 SCC 186, this Court examined the issue and held:

Exaggerations per se do not render the evidence brittle. But it can be one of the factors to test credibility of the prosecution version, when the entire evidence is put in a crucible for being tested on the touchstone of credibility.

21. While deciding such a case, the Court has to apply the aforesaid tests. Mere marginal variations in the statements cannot be dubbed as improvements as the same may be elaborations of the statement made by the witness earlier. The omissions which amount to contradictions in material particulars i.e. go to the root of the case/materially affect the trial or core of the prosecution's case, render the testimony of the witness liable to be discredited.

IN THE SUPREME COURT OF INDIA

Criminal Appeal No. 891 of 2004

Decided On: 11.11.2010

Sunil Kumar Sambhudayal Gupta and Ors. Vs. State of Maharashtra

Hon'ble Judges/Coram:

P. Sathasivam and B.S. Chauhan, JJ.

Author: B.S. Chauhan, J.

Citation: 2010 INSC 770,2011 ALLMR 288 (SC),MANU/SC/0947/2010.

Read full Judgment here: Click here.

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