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1 - 10 of 29 (1.69 seconds)Mehbub Samsuddin Malek And Ors vs State Of Gujarat on 23 August, 1996
21) The appellants herein have denied the factum of
recoveries at their instance is a false plea inasmuch as the
recoveries have been duly proved by the prosecution by
leading cogent and reliable evidence which has not been
shaken by the defence. A false plea taken by an accused in a
case of circumstantial evidence is an additional link in the
chain of circumstances. [Vide Sharad Birdhichand Sarda
vs. State of Maharashtra, (1984) 4 SCC 116 and Mehbub
Samsuddin Malek & Ors. vs. State of Gujarat (1996) 10
SCC 480].
Syad Akbar vs State Of Karnataka on 25 July, 1979
8) It is settled legal proposition that the evidence of a
prosecution witness cannot be rejected in toto merely because
the prosecution chose to treat him as hostile and cross
examine him. The evidence of such witnesses cannot be
treated as effaced or washed off the record altogether but the
same can be accepted to the extent that their version is found
to be dependable on a careful scrutiny thereof. (vide Bhagwan
Singh v. The State of Haryana, AIR 1976 SC 202; Rabindra
Kumar Dey v. State of Orissa, AIR 1977 SC 170; Syad
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Akbar v. State of Karnataka, AIR 1979 SC 1848 and Khujji
@ Surendra Tiwari v. State of Madhya Pradesh, AIR 1991
SC 1853).
State Of U.P vs Ramesh Prasad Misra And Anr on 13 August, 1996
9) In State of U.P. v. Ramesh Prasad Misra and Anr., AIR
1996 SC 2766, this Court held that evidence of a hostile
witness would not be totally rejected if spoken in favour of the
prosecution or the accused but required to be subjected to
close scrutiny and that portion of the evidence which is
consistent with the case of the prosecution or defence can be
relied upon.
Balu Sonba Shinde vs The State Of Maharashtra on 6 September, 2002
A similar view has been reiterated by this Court in
Balu Sonba Shinde v. State of Maharashtra, (2002) 7 SCC
543; Gagan Kanojia and Anr. v. State of Punjab, (2006) 13
SCC 516; Radha Mohan Singh @ Lal Saheb and Ors. v.
State of U.P., AIR 2006 SC 951; Sarvesh Naraian Shukla v.
Daroga Singh and Ors., AIR 2008 SC 320 and Subbu Singh
v. State, (2009) 6 SCC 462.
Gagan Kanojia & Anr vs State Of Punjab on 24 November, 2006
A similar view has been reiterated by this Court in
Balu Sonba Shinde v. State of Maharashtra, (2002) 7 SCC
543; Gagan Kanojia and Anr. v. State of Punjab, (2006) 13
SCC 516; Radha Mohan Singh @ Lal Saheb and Ors. v.
State of U.P., AIR 2006 SC 951; Sarvesh Naraian Shukla v.
Daroga Singh and Ors., AIR 2008 SC 320 and Subbu Singh
v. State, (2009) 6 SCC 462.
Radha Mohan Singh @ Lal Saheb & Others vs State Of U.P on 20 January, 2006
A similar view has been reiterated by this Court in
Balu Sonba Shinde v. State of Maharashtra, (2002) 7 SCC
543; Gagan Kanojia and Anr. v. State of Punjab, (2006) 13
SCC 516; Radha Mohan Singh @ Lal Saheb and Ors. v.
State of U.P., AIR 2006 SC 951; Sarvesh Naraian Shukla v.
Daroga Singh and Ors., AIR 2008 SC 320 and Subbu Singh
v. State, (2009) 6 SCC 462.
Sarvesh Narain Shukla vs Daroga Singh & Ors on 12 October, 2007
A similar view has been reiterated by this Court in
Balu Sonba Shinde v. State of Maharashtra, (2002) 7 SCC
543; Gagan Kanojia and Anr. v. State of Punjab, (2006) 13
SCC 516; Radha Mohan Singh @ Lal Saheb and Ors. v.
State of U.P., AIR 2006 SC 951; Sarvesh Naraian Shukla v.
Daroga Singh and Ors., AIR 2008 SC 320 and Subbu Singh
v. State, (2009) 6 SCC 462.
C. Muniappan & Ors vs State Of Tamil Nadu on 30 August, 2010
10) In C. Muniappan & Ors. vs. State of Tamil Nadu, JT
2010 (9) SC 95, this Court, after considering all the earlier
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decisions on this point, summarized the law applicable to the
case of hostile witnesses as under:
Sohrab S/O Belinayata & Anr vs The State Of Madhya Pradesh on 2 May, 1972
71. It is settled proposition of law that even if there are some
omissions, contradictions and discrepancies, the entire
evidence cannot be disregarded. After exercising care and
caution and sifting through the evidence to separate truth
from untruth, exaggeration and improvements, the court
comes to a conclusion as to whether the residuary evidence
is sufficient to convict the accused. Thus, an undue
importance should not be attached to omissions,
contradictions and discrepancies which do not go to the
heart of the matter and shake the basic version of the
prosecution's witness. As the mental abilities of a human
being cannot be expected to be attuned to absorb all the
details of the incident, minor discrepancies are bound to
occur in the statements of witnesses. (vide Sohrab and Anr.
v. The State of M.P., AIR 1972 SC 2020; State of U.P. v.
M.K. Anthony, AIR 1985 SC 48; Bharwada Bhogini Bhai
Hirji Bhai v. State of Gujarat, AIR 1983 SC 753; State of
Rajasthan v. Om Prakash, AIR 2007 SC 2257; Prithu @
Prithi Chand and Anr. v. State of Himachal Pradesh,
(2009) 11 SCC 588; State of U.P. v. Santosh Kumar and
Ors., (2009) 9 SCC 626 and State v. Saravanan and Anr,
AIR 2009 SC 151)"