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1 - 10 of 12 (0.22 seconds)Section 34 in The Indian Penal Code, 1860 [Entire Act]
Section 489C in The Indian Penal Code, 1860 [Entire Act]
The Indian Penal Code, 1860
Lalita Kumari vs Govt.Of U.P.& Ors on 12 November, 2013
He placed reliance on the judgment of the Hon'ble Apex
Court in the matter of Surajit Sarkar v. State of West Bengal
reported in AIR 2013 SC 807 as well as Lalita Kumari v.
Government of UP & Ors. reported in AIR 2014 SC 187 to
substantiate this contention.
Bharwada Bhoginbhai Hirjibhai vs State Of Gujarat on 24 May, 1983
If
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appreciated in the light of these principles laid down by the
Hon'ble Apex Court in the matter of Bharwada (Supra) then it
cannot be said that merely because there are few minor
discrepancies in the evidence of P.W.1-Nitin Uttekar, P.W.8-Sanjiv
Bhole and P.W.3-Anand Aashar needs to be jettisoned in toto. Basic
version of the prosecution case is not shaken from their searching
cross-examination and there is no material on record to disbelieve
version of these three witnesses as in all 284 fake currency notes
of Rs.500/- denominations each came to be seized from the
Appellant-Accused at Raghuleela Mall of Poisar on 28.11.2010.
Surajit Sarkar vs The State Of West Bengal on 24 April, 2009
He placed reliance on the judgment of the Hon'ble Apex
Court in the matter of Surajit Sarkar v. State of West Bengal
reported in AIR 2013 SC 807 as well as Lalita Kumari v.
Government of UP & Ors. reported in AIR 2014 SC 187 to
substantiate this contention.
Section 489 in The Indian Penal Code, 1860 [Entire Act]
Section 489A in The Indian Penal Code, 1860 [Entire Act]
State Of Andhra Pradesh vs Punati Ramulu And Others on 19 February, 1993
There is no
explanation to this belated FIR and, therefore, in submission of
the learned Advocate for the Appellant-Accused, on the basis of
ratio of the judgments of the Hon'ble Apex Court in the matter of
State of Andhra Pradesh v. Punati Ramulu and Others reported
in AIR 1993 SC 2644 and Om Prakash v. State of Haryana
reported in AIR 2006 SC 894, the Appellant-Accused is entitled
for acquittal. It is further argued that there are several defects in
investigation. While leaving the unit office for laying down trap,
no entry in the station diary was taken. In fact, no panchanama
was prepared and rough notes were taken. It is further argued
that P.W.1-Nitin Uttekar and P.W.8-SanjIv Bhole are not consistent
in stating as to who has prepared panchanama. They are naming
different officials as authors of panchanama. P.W.1-Nitin Uttekar
has stated that after apprehending the Appellant-Accused, he was
taken to Kandivali Police Station whereas in fact as admitted by
P.W.8-Sanjiv Bhole, Police Inspector, the Appellant-Accused was
taken initially to unit office of DCB, CID. The muddemal was not
recorded and it was not deposited in the head office. No record of
malkhana was produced before the Court to demonstrate deposit
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of muddemal in the malkhana. Therefore, in submission of the
learned Advocate for the Appellant-Accused, because of defects in
the investigation, conviction of the Appellant-Accused cannot be
sustained.