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Sharad Birdhichand Sarda vs State Of Maharashtra on 17 July, 1984

2026.04.02 16:16:29 +0530 no public witness, there was discrepancy in the arrival and departure timings of the police officials, the accused was deliberately and falsely implicated in the case due to an argument ensuing between complainant and accused. Going by the settled law as held in Sharad Birdichand Sarda (supra), the prosecution must also stand on its own legs. Although it is alleged that accused was apprehended on the spot but there appears material infirmities in the prosecution story. Upon cursory examination of testimony of prosecution witnesses, there appears material gaps in the time of arrival of police officials and the happening of the incident. PW-1 who is the complainant and the station controller, deposed that he heard noises at gate no.1 at around 04:30 am prior to opening the gates of metro station at 05:00 am. PW-2/house-keeping staff also corroborated this statement. However, in his own statement given to police which is Ex.
Supreme Court of India Cites 33 - Cited by 3286 - Full Document
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