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In Re: State vs Arvind Huda Etc. on 13 April, 2010

15. Apart from this, in the present case, no efforts were made to hand over the seal after use to independent public persons and it remained with the officials of the Police Station only (it remained with PW 3 as he so stated in his chief). This further casts doubts on the prosecution story as if the IO in fact/in reality joined Suresh Kumar in the raid he should have handed over the seal to him, which he failed to do. In such cases in view of the case titled as SAIFULLA VS. STATE 1998 (1) CCC 497(DELHI) and ABDUL GAFFAR VS. STATE 1996 JCC 497 (DELHI) benefit of doubt is to be given to the accused.
Delhi District Court Cites 16 - Cited by 0 - Full Document

Sate vs . Krishan Kumar Etc. on 12 January, 2010

In such cases, in view of Saifulla Vs. State reported in 1998 (1) CCC 497 (Delhi) and Abdul Gaffar Vs. State reported in 1996 JCC 497 (Delhi) benefit of doubt is to be given to the accused. Further, MHC(M) has also not been examined. Further, the first IO has not been examined in this case who could have explained this fact. Non-examination of first IO is fatal to the prosecution.
Delhi District Court Cites 12 - Cited by 0 - Full Document
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