State vs . Mohan on 2 July, 2015
23 Accused has also relied upon the case of Mohd. Shahid Vs. State
SC no. 27/14 Page 13 of 16
14
[Delhi] 2014 [2] JCC 1305 High Court of Delhi, wherein it was
held that no witness was joined despite availability at the time of
apprehension of accused and recovery of weapon of offence and
also there was no blood on the knife. In the present case no
weapon of offence has been recovered, therefore, there is no
question of presence or absence of blood on the weapon of
offence. The place of arrest of accused in the present case is not
so important as to disbelieve the testimony of injured witness PW1.
Had the accused been not arrested from the spot as claimed by the
prosecution and had he been apprehended from somewhere else,
virtually no effect would have been on the veracity of PW1, as PW1
is not a witness as to the place of arrest of accused, therefore,
even if it is assumed that the accused was apprehended not from
the place as claimed by the police witnesses and he was picked up
from somewhere else, virtually no effect is made on the
prosecution's case, as the place of arrest of accused is not a
deciding factor in the present case.