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1 - 3 of 3 (0.21 seconds)Section 342 in The Code of Criminal Procedure, 1973 [Entire Act]
Awadh Singh And Ors. vs The State on 9 November, 1953
In this connection reference may be made to a decision of this court in Awadh Singh v. The State, AIR 1954 Pat 483 where Choudhary, J. (as he then was) at page 486 observed that, of course, it is true that where the prosecution story is disbelieved as to its essential details, it is still open to the court to rely on a part of the story for the purpose of convicting the accused persons, but at the same time it is elementary that where the prosecution has a definite or positive case it must prove the whole of the case. His Lordship further observed that, though it cannot be laid down, as a law of general application, that, in no case, a Judge can accept a part of the prosecution story when he has disbelieved its other part, as a rule of prudence it will not be safe to rely on the evidence of witnesses on one part of the prosecution story when it has been disbelieved as to its material part.
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