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1 - 3 of 3 (0.17 seconds)Section 307 in The Indian Penal Code, 1860 [Entire Act]
Damodar Joma Mokashi vs State Of Maharashtra on 10 April, 2012
9. Regarding absence of blood stains on the spot,
learned counsel for applicant placed reliance on the judgment
of the Division Bench of this Court in Damodar Joma Mokashi
.vs. State of Maharashtra - 2012 ALL MR (Cri) 2139 and
referring to paragraph 19 of the said judgment submitted that
ocular testimony if contradictory to the spot panchanama and
no blood stains were found, then it is clear that prosecution has
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8 Apeal546-03.odt
suppressed the genesis of the prosecution case and the whole
edifice of the prosecution case would then collapse. Learned
counsel submits that considering the previous animosity as
admitted by the complainant in his cross-examination,
corroboration to the testimony of complainant was must in the
present case. The submission is that in the absence of
corroboration, accused ought to have been acquitted by the
trial Court.
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