(59)
S.C.No.463/2009 (Judgment)
noticed by the Chemical Analyzer. This fact categorically proves the presence of
accused Jawed at the house of Mansi on the date of incident. So far as this recovery
is concerned, certainly the cross examination of P.I. Shri Borse was conducted by
Advocate Shri Mote, on behalf of accused No.1. But only suggestions denying the
said recovery of clothes at the instance of accused Jawed were given to him and
except said denial, nothing has been brought on record so as to disbelieve the
evidence of P.I.Shri Borse.
97/
So, under such circumstance, even though the panchas on these
recoveries have not supported the prosecution on some material particulars, still the
evidence of I.O. Shri Borse is sufficient enough to hold the said recovery of clothes
at the instance of accused Javed to be genuine one. In this regard, again ratio in the
case of “Mohd.Aslam Vs. State of Maharashtra, reported in (2001) 9 SCC, 362
(S.C)” says that merely because the panch witnesses turned hostile, evidence of the
witness who effected recovery would not be vitiated. Even otherwise the testimony
of I.O.Shri Borse is truthful and reliable and hence in the light of the ratio in the
case of “Gurjinder Singh v. State of Punjab”, said recovery of clothes at the
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