Ravinder Pal Singh vs The State on 2 May, 2017
10.The appellant/accused is also convicted for the offence
punishable under Section 411 IPC on the allegations that stolen
motorcycle was recovered from the possession of the accused
during vehicle checking at Shahpura, near CRPF Camp, Main
Road, Tilak Nagar, Delhi on 04.04.2012. The prosecution to
prove its case has examined recovery witnesses of the
motorcycle i.e. PW4 Ct. Vikram Ditya, PW5 Ct. Anil Kumar
and PW7 SI Joginder Singh. All the three police officials have
deposed about the recovery of the stolen motorcycle from the
possession of the accused on 04.04.2012 during police
checking. All the three police officials stood test of cross
examination and during their lengthy cross examination
CA No. 54408/2016 Ravinder Pal Singh Vs. State 7 of 12
nothing material is extracted to make their testimony
unreliable. The minor contradictions emerged in the testimony
of the police officials are bound to happen. The case of the
prosecution could not be thrown away merely on the minor
contradictions in the testimony of the witnesses. To raise
shadow of doubt about the story of the prosecution, the
contradiction should be material, which goes to the roots of the
case. The material contradictions relating to the facts in dispute
is considered just to create shadow of the doubt about the story
of the prosecution. In the present case, the counsel for the
appellant/accused could not point out any material
contradictions regarding facts in issue.