'Minor discrepancies can't discredit murder witness'
MUMBAI, July 31 -- Minor inconsistencies in the testimony of eyewitnesses to a murder are an indicator of truthful evidence rather than a doubtful one, the Bombay High Court has observed while upholding the life sentence of a man convicted of stalking and murdering a woman in Palghar in 2015.
Dismissing the appeal filed by convict Ramnayan Vishwakarma, a division bench of justices A S Gadkari and R R Bhosale held that minor discrepancies in the accounts of eyewitnesses who witnessed a brutal murder in broad daylight could not undermine an otherwise reliable prosecution case.
"One must at all times remember that, evidence of natural and genuine eye witnesses in murder trials is bound to have certain discrepancies considering the fact that they have witnessed a murder. Considering the impact of the incident on the witnesses, minor discrepancies are bound to occur and much cannot be made out of such discrepancies by the accused," the bench observed.
Vishwakarma had challenged his conviction by arguing that the statements of the victim's three friends, who witnessed the murder as they walked with her to work, did not match the medical evidence on record.
A sessions court in Thane had, in 2017, convicted Vishwakarma for stalking and murdering Radhika Yadav, a married woman and his former co-worker at a company in Palghar. The crime, however, took place on May 3, 2015.
According to the prosecution, Yadav had left her previous workplace and joined another packaging company in Palghar. However, Vishwakarma kept stalking and harassing her after that. After she informed her husband about the harassment, he called Vishwakarma and warned him against troubling his wife. Vishwakarma had then assured him that he would mend his ways.
However, at about 7:50 am on May 3, 2015, while Yadav was walking to work with three female colleagues, Vishwakarma allegedly confronted her. After an argument, he stabbed her in the stomach, chest and shoulder before fleeing the spot....
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