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1 - 10 of 13 (0.37 seconds)The State Of Bihar vs Bhajju Yadav & Ors on 30 March, 2010
State v. Bhajju @ Bachu -:: Page 37 of 37 ::-
Section 313 in The Code of Criminal Procedure, 1973 [Entire Act]
The Indian Penal Code, 1860
Suraj Dev S/O Nankesar vs The State (Delhi Admn) [Along With Crl. ... on 11 March, 2005
46.In the light of the aforesaid nature of deposition of very material
prosecution witnesses namely PWs Ms.Asha (PW2) and Mr.Kabir
Yadav (PW5) as well as Ct.Rohtash (PW3), HC Akhilesh (PW4)
and SI Amarjeet (PW7) who also happen to be the most material
witnesses, I am of the considered view that their deposition cannot
be treated as trustworthy and reliable for the prosecution. PWs
Ms.Asha (PW2), Ct.Rohtash (PW3) and HC Akhilesh (PW4) are
hostile. Reliance can also be placed upon the judgment reported as
Suraj Mal versus The State (Delhi Admn.
Namdeo Daulata Dhayagude And Ors. vs State Of Maharashtra on 19 August, 1976
48.In the judgment reported as Namdeo Daulata Dhayagude and
others v. State of Maharashtra, AIR 1977 SC 381, it was held
that where the story narrated by the witness in his evidence before
the Court differs substantially from that set out in his statement
before the police and there are large number of contradictions in his
evidence not on mere matters of detail, but on vital points, it would
not be safe to rely on his evidence and it may be excluded from
consideration in determining the guilt of accused.
Narender Kumar vs State(N.C.T.Of Delhi) on 25 May, 2012
from serious infirmities and inconsistencies with other material and
there being no forensic or other evidence as well as no direct or
circumstantial evidence, then no credibility can be given to the
prosecution case. Onus is always on the prosecution to prove and
accused is entitled to the benefit of reasonable doubt. Case of the
prosecution is to be proved beyond reasonable doubt and cannot
take support from weakness of case of defence. In case the
evidence is read in totality and story projected by the prosecution is
found to be improbable, the prosecution case becomes liable to be
rejected. If evidence of the material witnesses is read and
considered in totality of circumstances along with other evidence
on record, in which offence is alleged to have been committed,
their deposition does not inspire confidence regarding the veracity
of the prosecution case against accused Mr.Bhajju @ Bachu.
Prosecution has not disclosed true genesis of crime. (Reliance can
be placed upon the judgment of the hon'ble Supreme Court
reported as Narender Kumar v. State (NCT of Delhi), 2012 (5)
LRC 137 (SC).
Ashok Narang vs State on 12 January, 2012
Ashok Narang v. State, 2012 (2) LRC 287 (Del).
The Indian Evidence Act, 1872
Sunil Rai @ Paua & Ors vs Union Territory, Chandigarh on 4 July, 2011
31.The disclosure or confessional statement of accused Mr.Bhajju @
Bachu cannot be used against him in the absence of any
incriminating evidence. There is no ocular evidence of the
commission of offence and the prosecution case is based entirely
on subsequent circumstantial evidence which is also not proved.
The extra judicial confession of an accused cannot be fastened
upon the other for holding him guilty of mischief by fire or
explosive substance with the intent to destroy house, etc. Reliance
can be placed upon the judgment reported as Sunil Rai @Paua &
Ors. V. Union Territory, Chandigarh, 2011 IV AD (Cri.)