State vs Pappu on 12 August, 2025
33. In respect of PW-1 i.e., the complainant, there are imputations by
way of suggestions during cross-examination that the complainant is
falsely implicating the accused because the complainant did not pay
daily wages to the accused. During cross-examination a different stand
has been taken by the accused wherein he states that he was inside the
house of the complainant lawfully for doing some work, however, in his
statement u/s 313 CrPC, the accused states that he was merely going
through the street. Thus the stand taken by the accused is not consistent.
Except for bald statements there is nothing on record to suggest that the
FIR No. 334/2015 State vs. Pappu Page No. 16 of 25
CNR No. DLWT02-000802-2015
complainant is trying to falsely implicate the accused. It is well settled
law that the complainant cannot be stated to be an interested witness
unless and until any cogent motive to falsely implicate the accused is
imputed and proved on the basis of preponderance of probabilities.
Moreover, accused was duly identified by the complainant. No material
or evidence has been placed on record to show any animosity or even
prior acquaintance between PW-1, the complainant and the accused.