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1 - 10 of 18 (0.24 seconds)The Indian Penal Code, 1860
Section 313 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 34 in The Indian Penal Code, 1860 [Entire Act]
State Of U.P vs Shyam Behari & Anr on 31 March, 2009
Bodh Raj @ Bodha And Ors vs State Of Jammu And Kashmir on 3 September, 2002
In Bodhraj @ Bodha and Ors. v. State of Jammu
and Kashmir 2002 Cri.L.J 4664 it was held as follows:
Karamjit Singh vs State (Delhi Administration) on 26 March, 2003
53. At the outset, it may be mentioned that PW2 Om
Prakash has not supported the case of the prosecution with
respect to the place of apprehension of the accused and
JCLs but the testimony of PW18 ASI Subhash Chand,
PW22 SI Arvind Verma and PW23 IO/Ins. Vivekanand Jha
is consistent and trustworthy. The accused has not been
able to discredit their testimony in the crossexamination.
Law is well settled that the testimony of the police officials,
if found trustworthy, can be safely relied upon to convict the
accused and their testimony is not liable to be discarded
merely because they are police officials. Hon'ble Supreme
Court in Karamjit Singh Vs State (Delhi Administration)
AIR 2003 SC 1311, has held that the testimony of police
personnel should be treated in the same manner as
testimony of any other witness and there is no principle of
law that without corroboration by independent witnesses
their testimony cannot be relied upon. The presumption
that a person acts honestly applies as much in favour of
police personnel as from of other persons and it is not
proper judicial approach to distrust and suspect them
SC NO. 449/2016 State Vs. Deepak @ Raj Page 41 of 55
without good grounds.
Radhanath Patra vs State Of West Bengal And Ors. on 20 November, 1997
60. The accused also took a false defence that the blood
stained clothes seized by the IO at the time of his arrest did
not belong to him. As noted hereinabove even this defence
was not put to any of the prosecution witnesses in their
crossexamination and was raised for the first time at the
time of recording of statement of accused and the same is
liable to be rejected being false and after thought. It is a
well settled principle that in a case of circumstantial
evidence when the accused offers an explanation and that
explanation is found to be untrue, then the false
explanation of accused offers an additional link in the chain
of circumstances to complete the chain. {See Swepan
Patra v State of West Bengal (1999) 9 SCC 242;
Anthony D'Souza & ors v State of Karnataka 2002 (10)
AD 37 (SC)}. A false answer offered by the accused when
his attention was drawn to a circumstance renders that
SC NO. 449/2016 State Vs. Deepak @ Raj Page 49 of 55
circumstance capable of inculpating him. In such a situation
a false answer can also be counted as providing 'a missing
link' for completing the chain.
Anthony D'Souza And Ors vs State Of Karnataka on 30 October, 2002
60. The accused also took a false defence that the blood
stained clothes seized by the IO at the time of his arrest did
not belong to him. As noted hereinabove even this defence
was not put to any of the prosecution witnesses in their
crossexamination and was raised for the first time at the
time of recording of statement of accused and the same is
liable to be rejected being false and after thought. It is a
well settled principle that in a case of circumstantial
evidence when the accused offers an explanation and that
explanation is found to be untrue, then the false
explanation of accused offers an additional link in the chain
of circumstances to complete the chain. {See Swepan
Patra v State of West Bengal (1999) 9 SCC 242;
Anthony D'Souza & ors v State of Karnataka 2002 (10)
AD 37 (SC)}. A false answer offered by the accused when
his attention was drawn to a circumstance renders that
SC NO. 449/2016 State Vs. Deepak @ Raj Page 49 of 55
circumstance capable of inculpating him. In such a situation
a false answer can also be counted as providing 'a missing
link' for completing the chain.
Kuldeep Singh & Ors vs State Of Rajasthan on 25 April, 2000
{See Kuldeep Singh & ors v
State of Rajasthan 2001 Cr LJ 479 (SC), (2000) 5 SCC
7}. Where the accused on being asked, offers no
explanation or explanation offered is found to be false, then
that itself forms an additional link in the chain of
circumstances to point out the guilt.