(21)
44/
S.C.No.463/2009 (Judgment)
APP Shri Mugadiya has also argued that even though the witnesses
have turned hostile, still his evidence remains admissible and Court can rely upon
the dependable part of that evidence which is found to be acceptable and duly
corroborated by other reliable evidence. For this purpose, APP Shri Mugadiya has
relied on the ratio laid down by Hon'ble Supreme Court in the case of “Himanshu
@ Chintu v. State of NCT of Delhi, reported in 2011 (1) Bom. Criminal Cases,
682 (S.C.)”.
45/
In this regard, APP Shri Mugadiya has also placed reliance on the ratio
laid down by Hon'ble Supreme Court in the case of “Gurjinder Singh v. State of
Punjab, reported in 2011, (SCW) 1382” . In this case, it has been held that a Police
Officer can be a reliable witness if the Court finds him to be a truthful person and in
that event there is no harm in relying upon his statement.
46/
Learned APP has also argued that merely because panch witnesses on
the recovery turned hostile, evidence of the witness who effected recovery, would
not be vitiated. For this purpose, he has relied upon the ratio laid down by Hon'ble
Supreme Court in the case of “ Mohd.Aslam Vs. State of Maharashtra, reported
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