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

12. The Hon'ble Supreme Court of India in Sharad Birdhichand Sarda V. State of Maharashtra, reported in 1984 (4) SCC 116 held that "It is well settled that the prosecution must stand or fall on its own legs and it cannot drive any strength from the weakness of the defence. This is trite law and no decision has taken a contrary view. What some cases have held is only this: where various links in a chain are in themselves complete than a false plea or a false defence may be called into aid only to lend assurance to the Court. In other words, before using the additional link it must be proved that all the links in the chain are complete and do not suffer from any infirmity. It is not the law that where is any infirmity or lacuna in the FIR No.507/2001 PS Lajpat Nagar Page 5 of 5 State Vs. Sadab Anish & Ors prosecution case, the same could be cured or supplied by a false defence or a plea which is not accepted by a Court."
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