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State Of Maharashtra vs Dnyaneshwar Laxman Rao Wankhede on 29 July, 2009

18. Learned senior counsel invited attention of this court to Exhibit 54 which is a statement of accused recorded immediately after his arrest. The defence taken is of taking hand loan. This statement is immediately recorded on being asked by ACB officer as to for what purpose he has accepted the amount. Even investigating officer does not deny the contents of statement Exhibit 54 to be false. As such, though there is presumption available under Section 20 of PC Act, accused is expected to offer an explanation and if the explanation is probabilized, then the same needs to be considered. Such law is spelt out in State of Maharashtra v. Dnyaneshwar Laxmanrao Wankhede (supra) and Mahesh Ramesh Jadhav (supra), relied by learned senior counsel.
Supreme Court of India Cites 9 - Cited by 227 - S B Sinha - Full Document
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