The Hon’ble Supreme Court, on 18th June 2020, in the matter of Mustak @ Kanio Ahmed Shaikh v. State of Gujarat held that the inability to recall details of the description of houses, roads and streets after several years, do not vitiate the evidence of recovery itself.
The Hon’ble Supreme Court observed that:
The evidence of the witnesses have to be read as a whole. Words and sentences cannot be truncated and read in isolation. (Para 33)
When there is a time gap between an occurrence and the trial it is impossible for police/Investigating Officer to recall minute details. 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. (Para 45)
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. (Para 45)
The minor discrepancies in the evidence does not vitiate a conviction. (Para 52)
Copy of judgement: Judgement_18-Jun-2020
-Adv. Tushar Kaushik