The State Of Punjab vs Kulwinder Singh on 5 July, 2005
17. As already observed, PW1 HC Abhay Singh (Duty
Officer), PW3 HC Sunil Kumar [MHC(M)], PW5 Insp. Manoj Kumar
(second IO), PW6 Rajbir Singh (Record Clerk) and PW8 Smt. Barkha
Gupta are formal witnesses of the prosecution. The entire incident is
alleged to have happened with complainant Manish Kumar Dubey.
Complainant Manish Kumar Dubey was the only person, who would
have thrown light regarding the robbery of his Matiz car by the accused
persons. He was also the witness, who would have told as to how he was
kidnapped and wrongfully confined by the offenders. Complainant was
the only witness to tell the court as to who caused injuries to him at the
SC No. 66/14 State Vs. Kulwinder Singh & Ors. 5 of 6
time of committing robbery of his car no. DL3CQ7835. Due to non
examination of complainant Manish Kumar Dubey, prosecution has
miserably failed to prove its case against any of the accused persons.
The case property i.e. car No. DL3CQ7835, which is alleged to have
been robbed from the complainant itself has not been produced in the
court during the course of trial.