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Documents citing State Nct Of Delhi vs Amit Sharma & Ors. on 4 July, 2018

State vs Amit And Ors on 12 November, 2024

23. As regards the submission of the learned defence counsel for the accused Amit and Dharmender is concerned, that the prosecution has not proved the recovery of the illicit liquor in question from the possession of the accused inasmuch as it has not cited or examined any independent public witness to the alleged recovery, although it is true STATE VS. AMIT & ORS FIR NO. 951/2015 PS TIMAR PUR PAGE NO. 8 / 17 APOORV Digitally signed by APOORV GUPTA GUPTA Date: 2024.11.12 16:21:53 +0530 that, no public witness to the recovery of the liquor has been either cited in the list of witnesses or examined by the prosecution. However, this fact by itself cannot be a ground for rejecting the unimpeached testimony of the prosecution witnesses.
Delhi District Court Cites 19 - Cited by 0 - Full Document

State vs Amit Kumar on 9 April, 2024

8. PW-2 ASI Balvir deposed that on 29.04.2012, 7:35 am, Ct. Jai Kumar brought one rukka sent by HC Jagpal Singh and on the basis of said rukka, he registered FIR No. 136/12, PS Alipur which is Ex. PW2/A. At that time, CC No. 5284572/16 State Vs. Amit & ors . FIR No. 136/2012 PS Alipur 4 of 10 computer system was working properly and the FIR was properly saved in the server. No tampering was made with computerized FIR. He also made endorsement on rukka which is Ex. PW 2/B. After registration of FIR, he handed over the rukka and copy of FIR to Ct. Jai Kumar to give the same to HC Jagpal Singh.
Delhi District Court Cites 7 - Cited by 0 - Full Document

State vs . on 1 October, 2018

The prosecution has failed to explain why the jhumki was not recovered from the pant when nothing was recovered in his personal search. Moreover, it is not expected of an accused that he will   keep   the   articles   with   him   even   after   so   many   days   of   the occurrence. There is doubt about the recovery of the tops from the possession of the accused. Support is drawn from "State of NCT of Delhi v. Amit Sharma & Ors" (supra).
Delhi District Court Cites 15 - Cited by 0 - Full Document

Anjan Kumar Sharma vs . State Of Assam (2017) 14 Scc 359 : on 19 December, 2019

Moreover, it is not expected of an accused that he will keep the clothes with him even after so many days of the occurrence. There is doubt about the recovery of the clothes at the instance of the accused from the house of his inlaws. Support is drawn from Crl. Appeal No. 902/13 titled as "State of NCT of Delhi v. Amit Sharma & Ors" decided on 4.7.2018 by our own Hon'ble High Court. State v. Manoj Kumar ­ SC 2663 of 2016 . Page No. 35/38 59 The prosecution has also placed reliance on the recovery of biri buds. The prosecution has also placed reliance FSL report Ex. PW­25/A which shows that DNA analysis on the biri buds i.e. Ex.2 is sufficient to conclude that DNA profile generated from the source of Ex. 12 i.e. brownish colour stain gauze cloth piece of deceased is similar to the DNA profile generated from the source of exhibits pant and shirt of the accused containing blood stains i.e. 7a and 7b as well as with the pant, t­shirt, pair of socks of the deceased. The prosecution cannot draw much support from this circumstance. It has nowhere come in evidence that truck trolla in question, from which biri buds were recovered, was in the exclusive possession of the accused and keys used to be remain with him. There is no evidence on record that these biri buds are of particular brand. It is not a such kind of evidence which cannot be manipulated. The biri buds can be obtained from the accused at any time during the course of investigation. The recovery of biri buds is not a strong circumstantial evidence to nail the accused. 60 The prosecution has placed reliance on the testimony of PW4 to advance the theory of last seen of the deceased with the State v. Manoj Kumar ­ SC 2663 of 2016 . Page No. 36/38 accused. The testimony of PW4 shows that on 29.03.2016 he has seen accused and deceased while coming inside the ICD when he was going out of ICD Depot.
Delhi District Court Cites 13 - Cited by 0 - Full Document
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