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Gajanan S/O. Naktuji Satpute vs The State Of Maharashtra Thr. P.S.O., ... on 12 April, 2019 cites

Darya Singh And Others vs State Of Punjab on 25 April, 1963

16. Learned counsel has pointed out judgment of Hon'ble Apex Court in the case of Darya singh and others Vs. State of Punjab (supra). Hon'ble Apex Court has observed that "it is the right of the prosecutor who act fairly and he should examine all the material witnesses." In the present case, the statements of independent witnesses recorded by police viz. Arun Bhandekar and Shamrao Bodhalkar show that there was no light in the village and, therefore, accused persons told the complainant ::: Uploaded on - 16/04/2019 ::: Downloaded on - 06/04/2020 09:24:37 ::: 11 jg.revn 180.18.odt to come in the night and see the real fact. This particular evidence supporting to the accused not brought on record by the prosecution. There was no opportunity for defence to brought this evidence on record because the Investigating Officer not examined by the prosecution. If the statements of Arun Bhandekar and Shamrao Bodhalkar are taken into consideration, then it is clear that accused persons told the complainant that there was no light in the night and, therefore, she was requested to come in the night and see the factual position. Therefore, bare words stated by the complainant that accused told her to come in the night cannot be taken as a gospel truth. Moreover, said words "come in the night" does not attract Section 509 of the Indian Penal Code. The words "come in the night" uttered by the accused should have been taken into consideration by the trial Court as well as first appellate Court in the proper context.
Supreme Court of India Cites 10 - Cited by 187 - P B Gajendragadkar - Full Document
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