State Of Haryana vs Manoj Kumar on 2 November, 1993
5. On careful perusal and analysis of the entire evidence on record I find
that no corroborative, consistent, reliable and sufficient evidence to make up the
edifice of the prosecution case has been produced by the prosecution. Moreover the
testimonies of the prosecution witnesses do not inspire confidence. Prosecution has
produced and examined only three witnesses out of six witnesses listed in the list of
State Vs. Manoj Kumar
4 FIR No.: 16/06
witnesses. No plausible explanation has been placed by the prosecution for such
non-production and non-examination of the remaining witnesses. IO HC Banne
Singh of the case has neither been produced nor examined by the prosecution. Non-
examination of IO causes prejudice to the accused and it is a serious omission. In
my this view I am fortified by case 1998 (1) Crime 709 wherein it was held that "non-
examination of IO in a criminal trial causes serious lacuna in prosecution case and
prejudice to accused. The tendency of IO's to keep away from the court is not good,"