(76)
S.C.No.463/2009 (Judgment)
Bombay High Court in the case of “Nana v. State of Maharashtra”, are to be
considered. The ratio in the case of “Nana v. State of Maharashtra” says regarding
recovery under Section 27 of the Evidence Act. As per this ratio though the panch
witnesses do turn hostile, still it is not a reason to vitiate the recovery effected by
Police Officer. Similarly, the ratio in the case of “Gurujinder Singh v. State of
Punjab” shows that the Police Officer can be a reliable witness if the Court finds
him to a truthful person. Similarly, the ratio in the case of “Mohd.Aslam v. State of
Maharashtra” says that merely because panch witnesses are hostile, evidence of
witness who effected recovery would not be vitiated.
126/
Hence, if the aforesaid ratios are considered in a proper perspective and
if it is considered that the evidence of API Shri Borse is reliable and truthful one, I
am of the opinion that, only on the basis of evidence of P.I.Shri Borse, the recovery
at the instance of accused Ram Bodkhe is held to be proved beyond doubt. Hence I
am of the opinion that the ratios in the cases on which Advocate Shri Barlota, has
placed his reliance cannot be strictly applicable to the facts of this case.
127/
Therefore, the evidence on record categorically discloses that the stolen
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