Karnesh Kumar Singh & Ors vs The State Of Uttar Pradesh on 15 April, 1968
(10) The learned counsel placed reliance on a judgment of the Supreme Court in support of his contention that when an important witness is not examined in case, the court becomes entitled to draw an adverse inference against the prosecution case. He cited Air 1986 S.C. 1402, (Karnesh Kumar Singh and others v. State of Uttar Pradesh), where the proposition about the duty of the prosecution to examine material witnesses was highlighted, adding that if such witnesses are deliberately kept back then the court should draw an adverse inference and in a proper case record such failure as constituting a serious infirmity in the proof of the prosecution case.