(23)
S.C.No.463/2009 (Judgment)
Mugadiya has relied on the ratio laid down by Hon'ble Bombay High Court in the
case of “Gangadhar Nair v. State of Maharashtra, reported in 2001(2) B.Cr.C
525”.
49/
Again learned APP Shri Mugadiya has argued that so far as recovery
under Section 27 of the Evidence Act is concerned, the recovery of clothes would
become an incriminating circumstance only if they contain blood or such other
substance as would connect accused with crime. For this purpose, learned APP Shri
Mugadiya has relied on the ratio laid down by Hon'ble Bombay High Court in the
case of “ Kannayya @ Kanna Vishnu Vidhate v. State of Maharashtra, reported
in 2010(1) B.Cr.C, 91.”
50/
APP Shri Mugadiya has argued that in this case also bloodstained T
shirt having blood of “AB” blood group of Mansi is recovered at the instance of
accused Jawed which is incriminating circumstance against him.
51/
APP Shri Mugadiya has argued that recording said recovery of blood
stained T shirt from accused, he did not offer any explanation and therefore that
itself is sufficient to prove his involvement in commission of crime. For this
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