(24)
S.C.No.463/2009 (Judgment)
purpose, learned APP Shri Mugadiya has relied on the ratio laid down by Hon'ble
Bombay High Court in the case of “Nazar Mohammad s/o Hayat Mohammad
Shaikh v. State of Maharashtra, reported in 2002 (2) B CR C 881”.
52/
APP Shri Mugadiya has also relied on other two ratios regarding its
identification parade and regarding false plea. But in the honest opinion of this
Court, these ratios cannot be applicable to the facts of this case. Learned APP Shri
Mugadiya has also relied on the ratio in the case of “Animireddy Venkataraman &
Ors v. Public Prosecutor, H.C of A.P”, which clarifies that the FIR not meant to be
encyclopedic. While considering the effect of some omissions in FIR, on the part of
informant, Court should consider the probable physical and mental condition of the
first informant.
53/
In the light of said ratio, APP Shri Mugadiya has argued that even
though Aniket Deshpande has not mentioned about the theft of gold ring, his clothes
,cash amount and mobile phone of Mansi in FIR while looking to his mental
condition that fact may not be taken so strictly.
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