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Sita Ram vs The State Of Rajasthan on 29 April, 1975

If those statements were excluded from consideration there would be no evidence of any demand or acceptance of bribe by the accused. All that the prosecution would be left with would be the evidence of the Inspector and P.W.4 to the effect that the accused took out the currency notes from the right side pocket of his trousers and flung them across the wall into the adjoining room. That evidence according to the learned counsel would not be sufficient, even if accepted, to draw the presumption under s. 4(1) of the Prevention of Corruption Act. Reliance was placed upon the decision of this Court in Sita Ram v. The State of Rajasthan,(1) and Suraj Mal v. The State (Delhi Administration (2).
Supreme Court of India Cites 8 - Cited by 72 - N L Untwalia - Full Document

Suraj Mal vs State (Delhi Administration) on 13 February, 1979

If those statements were excluded from consideration there would be no evidence of any demand or acceptance of bribe by the accused. All that the prosecution would be left with would be the evidence of the Inspector and P.W.4 to the effect that the accused took out the currency notes from the right side pocket of his trousers and flung them across the wall into the adjoining room. That evidence according to the learned counsel would not be sufficient, even if accepted, to draw the presumption under s. 4(1) of the Prevention of Corruption Act. Reliance was placed upon the decision of this Court in Sita Ram v. The State of Rajasthan,(1) and Suraj Mal v. The State (Delhi Administration (2).
Supreme Court of India Cites 6 - Cited by 445 - S M Ali - Full Document

Kharaiti Ram vs The State on 28 April, 1971

After excluding irrelevant material we are left with the evidence of P.W.8 and that of P.W.4 whose evidence corroborates that of P.W.8 in several material particulars. We, however, wish to say that the evidence of P.W.8 is entirely trustworthy and there is no need to seek any corroboration. We are not prepared to accept the submission of Shri Frank Anthony that the fact that he is the very Police Officer who laid the trap should be sufficient for us to insist upon 1060 corroboration. We do wish to say that there is no rule of prudence which has crystallized into a rule of law, nor indeed any rule of prudence, which requires that the evidence of such officers should be treated on the same footing as evidence of accomplices and there should be insistence on corroboration. In the facts and circumstances of a particular case a Court may be disinclined to act upon the evidence of such an officer without corroboration, but, equally, in the facts and circumstances of another case the Court may unhesitatingly accept the evidence of such an officer. It is all a matter of appreciation of evidence and on such matters there can be no hard and fast rule, nor can there be any precedential guidance. We are forced to say this because of late we have come across several judgments of Courts of Session and sometimes even of High Courts where reference is made to decisions of this Court on matters of appreciation of evidence and decisions of pure question of fact. While on this subject of appreciation of evidence we may also refer to an argument of Shri Frank Anthony based on the observations of a learned single judge in Kharaiti Lal v. The State,(1) that persons holding clerical posts and the like should not be called as panch witnesses, as such witnesses could not really be called independent witnesses as they would always be under fear of disciplinary action if they did not support the prosecution case. We do not think we can accept the submission of Shri Frank Anthony. The respectability and the veracity of a witness is not necessarily dependent upon his status in life and we are not prepared to say that Clerks are less truthful and more amenable than their superior officers.
Delhi High Court Cites 11 - Cited by 2 - Full Document
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