State vs . 1. Devender Singh on 29 October, 2010
"It will be seen that the version of the
complainant that the appellant asked
the complainant whether he had
brought the money and that the
complainant told him that he had and
that the appellant asked him to pay the
money to the second accused is not
spoken to by the panch witness PW3.
According to panch witness on the
complainant asking the appellant
whether his work will be achieved, the
appellant assured him in the affirmative
and the appellant told the complainant
what was to be given to the second
accused. It is significant that PW3 does
not mention about the appellant asking
the complainant whether he had
brought the money and on the
complainant replying in the affirmative
asking the complainant to pay the
money to the second accused. Omission
by PW3 to refer to any mention of
money by the appellant would show that
there is no corroboration of testimony
of the complainant regarding the
State Vs. Devender Singh etc. Page No. 14/23
demand for the money by the appellant.
On this crucial aspect, therefore, it has
to be found that the version of the
complainant is not corroborated and,
therefore, the evidence of the
complainant on this aspect cannot be
relied upon."