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Paras Ram vs State Of Haryana on 20 October, 1992

1737. Shri Mukul Rohatgi, learned Senior Counsel appearing for the appellant has submitted that two panch witnesses were there, whereas one has been examined i.e. Suresh Satam (PW 37). His evidence cannot be relied upon for the reason that he was the brother of a Police Constable and thus, cannot be termed as an independent witness. Factually, it is true that the panch witness Suresh Satam (PW 37) himself has admitted that his brother was an employee of the Police Department of Maharashtra. Further, merely having such a relationship does not make him disqualified to be a panch witness, nor his evidence required to be ignored. In Kalpnath Rai, this Court has held that the evidence of police officials can be held to be worthy of acceptance even if no independent witness has been examined. In such a fact situation, a duty is cast on the court to adopt greater care while scrutinising the evidence of the police official. If the evidence of the police official is found acceptable it would be an erroneous proposition that the court must reject the prosecution version solely on the ground that no independent witness was examined. (See also Paras Ram v. State of Haryana, Pradeep Narayan Madgaonkar v. State of Maharashtra, Sama Alana Abdulla v. State of Gujarat, Anil v. State of Maharashtra, Tahir v. State (Delhi), and Balbir Singh v. State.)
Supreme Court of India Cites 11 - Cited by 93 - Full Document

Pradeep Narayan Madgonkar Etc. Etc. vs State Of Maharashtra on 12 May, 1995

1737. Shri Mukul Rohatgi, learned Senior Counsel appearing for the appellant has submitted that two panch witnesses were there, whereas one has been examined i.e. Suresh Satam (PW 37). His evidence cannot be relied upon for the reason that he was the brother of a Police Constable and thus, cannot be termed as an independent witness. Factually, it is true that the panch witness Suresh Satam (PW 37) himself has admitted that his brother was an employee of the Police Department of Maharashtra. Further, merely having such a relationship does not make him disqualified to be a panch witness, nor his evidence required to be ignored. In Kalpnath Rai, this Court has held that the evidence of police officials can be held to be worthy of acceptance even if no independent witness has been examined. In such a fact situation, a duty is cast on the court to adopt greater care while scrutinising the evidence of the police official. If the evidence of the police official is found acceptable it would be an erroneous proposition that the court must reject the prosecution version solely on the ground that no independent witness was examined. (See also Paras Ram v. State of Haryana, Pradeep Narayan Madgaonkar v. State of Maharashtra, Sama Alana Abdulla v. State of Gujarat, Anil v. State of Maharashtra, Tahir v. State (Delhi), and Balbir Singh v. State.)
Supreme Court of India Cites 5 - Cited by 1174 - M K Mukherjee - Full Document

Sama Alana Abdulla vs The State Of Gujarat on 16 November, 1995

1737. Shri Mukul Rohatgi, learned Senior Counsel appearing for the appellant has submitted that two panch witnesses were there, whereas one has been examined i.e. Suresh Satam (PW 37). His evidence cannot be relied upon for the reason that he was the brother of a Police Constable and thus, cannot be termed as an independent witness. Factually, it is true that the panch witness Suresh Satam (PW 37) himself has admitted that his brother was an employee of the Police Department of Maharashtra. Further, merely having such a relationship does not make him disqualified to be a panch witness, nor his evidence required to be ignored. In Kalpnath Rai, this Court has held that the evidence of police officials can be held to be worthy of acceptance even if no independent witness has been examined. In such a fact situation, a duty is cast on the court to adopt greater care while scrutinising the evidence of the police official. If the evidence of the police official is found acceptable it would be an erroneous proposition that the court must reject the prosecution version solely on the ground that no independent witness was examined. (See also Paras Ram v. State of Haryana, Pradeep Narayan Madgaonkar v. State of Maharashtra, Sama Alana Abdulla v. State of Gujarat, Anil v. State of Maharashtra, Tahir v. State (Delhi), and Balbir Singh v. State.)
Supreme Court of India Cites 5 - Cited by 83 - G T Nanavati - Full Document
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