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Showing contexts for: kidnapping case in Shri Prakash S/O Shri Bhawani Prashad vs The State Govt. Of Nct Of Delhi on 24 November, 2006Matching Fragments
9. Since two of the Appellants were not represented, we requested Mr. Vishal Gosain, Advocate to assist us on their behalf. We record our appreciation for the efforts put in by him.
10. Having heard Learned Counsel, we are of the view that there is inadequate evidence to conclude that the Appellants had either committed the murder of Laxmi or had attempted to murder Radhey Shyam. Giving them the benefit of doubt, we acquit all the Appellants.
11. In so far as the first part of the case is concerned, namely, the incident that took place on 7th April, 1997, the admitted position is that the main witness for the prosecution is Radhey Shyam, PW-12. His testimony was attacked by Learned Counsel on several grounds. However, before examining the testimony of Radhey Shyam, PW-12, it is necessary to first of all appreciate the law on the subject with regard to the evidence of a solitary witness who may be an interested witness and who may have been injured in an incident which is the subject matter of a trial. It was submitted that in view of the law laid down, Radhey Shyam's statement should be perused very carefully given the facts and circumstances of the case, namely, that Laxmi (the deceased) was married to Shri Prakash but was living with Radhey Shyam and was apparently enjoying the company of Shiv Singh with whom she had gone out for a movie sometime earlier and at whose instance a surety had been obtained to get her out on bail in connection with some case of kidnapping that had been filed against her.