(17)
S.C.No.463/2009 (Judgment)
weapon on disclosure of the accused was doubtful. There was overwriting in the
recovery memos. Hence it was held that the case was vitiated by serious error and
hence accused were acquitted.
34/
Advocate Shri Mote has also relied on the ratio in the case of “Hate
Singh Bhagat Singh Vs. State of M.P. reported in AIR 1953, S.C.468” . In this
case, accused put forward a reasonable defence which was likely to be true and in
addition it was supported by two prosecution witnesses. Hence it was held that it
raises reasonable doubt because of which the accused must get benefit of doubt.
Hence accused was acquitted.
35/
Advocate Shri Mote has also relied on the ratio laid down by Hon'ble
Bombay High Court in the case of “Manik s/o Sitaram Jibhkate & Ors, Vs. State
of Maharashtra and Another, reported in 2011 ALL M.R.(CRI.)2474”, in which
case of “Jotiram Indrajeet Gore Vs. State of Maharashtra (2006 ALL MR
(Cri.)N.O.C.14)” was referred wherein it was held that when there are too many
contradictions and omissions in the statements of witnesses, such evidence must be
set apart.
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