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1 - 8 of 8 (0.22 seconds)Pradeep Narayan Madgonkar Etc. Etc. vs State Of Maharashtra on 12 May, 1995
In Roop Chand v/s State of
Haryana reported in 1990 (1) CLR 69, it was observed that such
explanations that the public persons refused to join the proceedings are
unreliable and in Pradeep Narayan V/S State of Maharashtra reported in
AIR 1995 S.C. 1930 held that failure of police to join witness from locality
during search creates doubt about fairness of the investigation benefit of
which has to go to the accused.
Megha Singh vs State Of Haryana on 9 February, 1995
In such case, as observed by Hon'ble Supreme Court in the
case titled as Megha Singh V/S State of Haryana reported in 1995 Crl.
Sunil Kumar Sambhudayal Gupta & Ors vs State Of Maharashtra on 11 November, 2010
L.
J. 3988 and as held in the case titled as Sunil V/S State reported in 1999
(1) JCC 85 (Delhi) benefit of doubt is to be given to the accused.
5.4 It is also highlighted by accused that on the recovery Memo,the
FIR number finds mention and it has not been explained by the prosecution.
Admittedly, these documents were prepared before registration of FIR.
When documents are prepared before registration of FIR and it contains the
FIR number, then interference has to be drawn that either FIR was recoded
prior in time or the documents were prepared later on and in such cases,
C/No. 70/02
Unique ID No. 02401R0420332002 Page No. 7
FIR No. 68/02
PS: Adarsh Nagar
S/v Ajay Kumar
benefit of doubt is to be given the the accused.
Section 4 in The Arms Act, 1959 [Entire Act]
Section 100 in The Code of Criminal Procedure, 1973 [Entire Act]
Roop Chand And Others vs The State Of Haryana on 16 March, 2009
In Roop Chand v/s State of
Haryana reported in 1990 (1) CLR 69, it was observed that such
explanations that the public persons refused to join the proceedings are
unreliable and in Pradeep Narayan V/S State of Maharashtra reported in
AIR 1995 S.C. 1930 held that failure of police to join witness from locality
during search creates doubt about fairness of the investigation benefit of
which has to go to the accused.
The Code of Criminal Procedure, 1973
1