Rakesh & Anr vs State Of U.P. & Anr on 13 August, 2014
investigation and the prosecution also failed to conduct the
case in a proper manner, then such benefit cannot be encashed
by the accused if those mistakes committed by the
investigating officer does not go to the root of the case.
Further, the Hon'ble Apex Court laid down the law in the case
of RAKESH AND ANOTHER vs. STATE OF UTTAR PRADESH
AND ANOTHER reported in (2021)7 SCC 188 regarding
criminal trial/appreciation of evidence. How the evidence is
required to be considered, the Hon'ble Apex Court held that
while evaluating evidence, one is required to consider the entire
evidence as a whole with other evidence on record. Mere one
sentence here and there, that too, to the defence asked in the
cross-examination, cannot considered stand alone. In the said
Judgment, the Hon'ble Apex Court further held that some minor
contradictions in the evidence of prosecution witnesses do not
go to the root of the matter and/or such contradictions are not
material contradictions, the evidence of such witnesses cannot
be brushed aside and/or disbelieved. Hence, by perusal of the
evidence of P.W.1 and Ex.P1, the statement of the deceased, in
our opinion, the Prosecution proved the case against accused
beyond reasonable doubt. One more circumstance proved