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Madhya Pradesh High Court · body

1978 DIGILAW 73 (MP)

Bachachan Singh v. State of M. P.

1978-01-27

J.S.VERMA

body1978
Short Note : 1. The result is that even though there was enough independent evidence available to prove the prosecution case, if it be true, no attempt has been made to adduce the best evidence in the case and no explanation has also been given for not doing so. In such a situation, to rely on the uncorroborated testimony of the Investigating Officer P. W. 19 Ramesh Chandra Shithole alone to sustain the conviction, would be extremely unsafe. For this reason, this Court is of the opinion that the appellants should be given the benefit of doubt and acquitted of these offences. The possibility of the defence version being true also cannot be ruled out. The defence is that they were actually in a shop from where they were called, taken to the room where those articles were already present, the seizures were falsely then shown to have been made from them. Convictions quashed. Appeal allowed.