Supreme Court: How to appreciate prosecution evidence if there is material discrepancy in medical evidence regarding time of incident and age of injuries?

Firstly, there is a material discrepancy in the

medical evidence and the deposition of the witnesses

regarding the time of the incident which goes to the

root of the matter affecting the veracity of the

prosecution case. {Para 51}

 52. At the cost of repetition, we may mention that

as per the deposition of the medical jurist (PW-7), the

injuries on the body of the victim were 5-7 days old.

The medical jurist examined the victim on 7th

December, 2016. Hence, the incident could not have

taken place on 5th December, 2016 as alleged in the

FIR and must have taken place at least 2-3 days

earlier. The presence of pus and maggots in the

wound noticed by the doctor on the perianal region of

the victim, is also indicative of the fact that the

injuries were at least 5-7 days old.

REPORTABLE

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO(S). 135 OF 2026

DHANRAJ  Vs STATE OF RAJASTHAN 

Author: Mehta, J.

Dated: SEPTEMBER 07, 2026.

Citation: 2026 INSC 958.

Read full judgment here: Click here.

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