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1 - 10 of 23 (0.58 seconds)The Bombay Abkari Act, 1878
State, Govt. Of Nct Of Delhi vs Sunil And Another on 29 November, 2000
23. Referring to State (Govt. of NCT of Delhi) v. Sunil11, in
Kulwinder Singh v. State of Punjab12 this court held that: –
“23. … That apart, the case of the prosecution cannot
be rejected solely on the ground that independent
witnesses have not been examined when, on the perusal
of the evidence on record the Court finds that the case
put forth by the prosecution is trustworthy. When the
evidence of the official witnesses is trustworthy and
credible, there is no reason not to rest the conviction on
the basis of their evidence.”
State Of Rajasthan vs Ram Chandra on 12 April, 2005
As held by this Court in Ram Chandra [State of
Rajasthan v. Ram Chandra, (2005) 5 SCC 151 : 2005
SCC (Cri) 1010] the question of prejudice or bias has to
be established and not inferred.
Union Of India (Uoi) And Ors. vs Vipan Kumar Jain And Ors. on 23 January, 2003
The question of bias will
have to be decided on the facts of each case [see Vipin
Kumar Jain [Union of India v. Vipan Kumar Jain, (2005)
9 SCC 579] ].
Mohan Lal B.P vs South Eastern Coalfield Limited 22 ... on 6 August, 2018
xxx
13.2. (II) In a case where the informant himself is the
investigator, by that itself cannot be said that the
investigation is vitiated on the ground of bias or the like
factor. The question of bias or prejudice would depend
upon the facts and circumstances of each case.
Therefore, merely because the informant is the
investigator, by that itself the investigation would not
suffer the vice of unfairness or bias and therefore on the
8
sole ground that informant is the investigator, the
accused is not entitled to acquittal. The matter has to
be decided on a case-to-case basis. A contrary decision
of this Court in Mohan Lal v. State of Punjab [Mohan
Lal v. State of Punjab, (2018) 17 SCC 627 : (2019) 4 SCC
(Cri) 215] and any other decision taking a contrary view
that the informant cannot be the investigator and in
such a case the accused is entitled to acquittal are not
good law and they are specifically overruled.”
(emphasis supplied)
A. K. Kraipak & Ors. Etc vs Union Of India & Ors on 29 April, 1969
18. K.S Hegde J., writing for the court in the landmark A.K.
Kraipak v. Union of India8 observed as under:-
N.K.Bajpai vs Union Of India & Anr on 15 March, 2012
19. The concept of bias has been delved into by a two Judge
Bench of this Court in N.K. Bajpai v. Union of India9 as
follows:-
Pramod Kumar vs State(Gnct) Of Delhi on 1 July, 2013
22. Conviction being based solely on the evidence of police
officials is no longer an issue on which the jury is out. In other
words, the law is well settled that if the evidence of such a police
officer is found to be reliable, trustworthy then basing the
conviction thereupon, cannot be questioned, and the same shall
stand on firm ground. This Court in Pramod Kumar v. State
(Govt. of NCT of Delhi)10
State Of U.P vs Anil Singh on 26 August, 1988
13. This Court, after referring to State of U.P. v. Anil
Singh [1988 Supp SCC 686 : 1989 SCC (Cri) 48] , State
(Govt. of NCT of Delhi) v. Sunil [(2001) 1 SCC 652 : 2001
10 (2013) 6 SCC 588
11
SCC (Cri) 248] and Ramjee Rai v. State of Bihar [(2006)
13 SCC 229 : (2007) 2 SCC (Cri) 626] has laid down
recently in Kashmiri Lal v. State of Haryana [(2013) 6
SCC 595 : 2013 AIR SCW 3102] that there is no absolute
command of law that the police officers cannot be cited
as witnesses and their testimony should always be
treated with suspicion. Ordinarily, the public at large
show their disinclination to come forward to become
witnesses. If the testimony of the police officer is found
to be reliable and trustworthy, the court can definitely
act upon the same. If, in the course of scrutinising the
evidence, the court finds the evidence of the police
officer as unreliable and untrustworthy, the court may
disbelieve him but it should not do so solely on the
presumption that a witness from the Department of
Police should be viewed with distrust. This is also based
on the principle that quality of the evidence weighs over
the quantity of evidence.