(43)
S.C.No.463/2009 (Judgment)
the time of BirthDay of Aniket, he had gifted that gold ring to Aniket Deshpande
which was purchased by him from the shop of R.C. Bafna. The Manager of the shop
of R.C. Bafna by name Ashok Kesharlal Chopda (PW29, Exh124) has also
testified that the said ring was sold from the shop of R.C.Bafna since it bears the
logo of R.C. Bafna. Certainly receipt is not produced but evidence of Damodhar
Ghuge categorically discloses that he had purchased said gold ring from the shop of
RC Bafna and gifted to Aniket on his BirthDay. Hence the ring was with Aniket
Deshpande on the date of incident and that fact has been proved, since nothing has
been come out of the cross examination of these witnesses to disbelieve them.
79/
Similarly, the receipt at Exh39 discloses that Mansi had purchased
Sony Erikson Mobile from “Zee Corner Mobile Shop”, Nirala Bazar, Aurangabad.
In this regard, the evidence of mobile shop owner by name Abdul Rauf (Exh72) and
the evidence of salesman by name Shaikh Nadeem (Exh97) and also evidence of
ladymate of Mansi by name Sheetal Sonawane, categorically discloses that Mansi
had purchased that mobile from “Zee Corner Mobile Shop” and its model was
G502. Mobile shop owner was not cross examined. So, Mansi purchased that
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