State vs Anuj @ Banda on 26 November, 2025
Digitally
ANEEZA signed by
BISHNOI ANEEZA
Cr. Case 9159/2021 State Vs. Anuj & Ors. Page 8 of 9 BISHNOI
It is a settled law that a disclosure statement of a co-accused has no
evidentiary value unless it leads to a lawful and proved recovery. In
the present matter, no independent public witness was joined at the
time of the alleged pointing out or recovery. All material witnesses
to recovery are police officials and their depositions remain
uncorroborated by any independent source. It further emerges from
the testimonies of PW-3, PW-4 and PW-5 that there is no CCTV
footage, no eyewitness, and no public witness, despite the alleged
recovery having taken place in a residential locality. The
prosecution has offered no explanation for non-joining of public
witnesses, which raises a serious doubt regarding the genuineness
of the alleged recovery.