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1975 (12) TMI 184

..... nd R.N. Sachthey, Advs. JUDGMENT P.K. Goswami, J. 1. This appeal by special leave is directed against the judgment of the High Court of Punjab and Haryana affirming the conviction of the appellant under Section 165A, Indian Penal Code. 2. The facts briefly are that the appellant, Bhagwan Singh, is a C.I.D. police constable and would be naturally familiar with Head Constable, Jagat Singh (PW 1) Jagat Singh had detected a case under Section 411, I.P.C. on April 25, 1968. In that case one Rameshwar Dass of Ambala City was arrested by Jagat Singh at Murthal Bus Stand after searching his person and recovering from him 20 gold coins and 47 gold bangles weighing 101 tolas. Rameshwar Das was produced in court on April 27, 1968 and was remanded to j .....

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..... Jagat Singh and the appellant sitting on a table facing each other. At that time currency notes of the value of ₹ 1000/- were in the hands of Jagat Singh and these were taken possession of by the police and on search of the appellant 20 gold coins having hook-marks were recovered from his pocket. 4. The above story of the prosecution was sought to be established by the evidence of PW 1, Jagat Singh, PW 2, Ajit Singh, PW 4, Ram Singh, S.H.O. and PW 6, D.S.P., Gurbhaksh Singh. One of the witnesses of the raiding party was given up as being won over by the appellant. Nathuram (PW 3), proprietor of the Hotel, also did not fully support the prosecution case and was declared hostile by the prosecutor. 5. The special Judge, Rohtak convicted .....

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..... Singh's testimony, the whole office is destroyed on that witness being declared hostile and the appellant is entitled to an acquittal. 8. We have carefully perused the evidence of Jagat Singh, who wad examined in the trial after more than a year of detection of the case. The prosecution could have even avoided requesting for permission to cross-examine the witness under Section 154 of the Evidence Act. But the fact that the court gave permission to the Prosecutor to cross-examine his own witness, thus characterising him as, what is described as a hostile witness, does not completely his evidence. The evidence remains admissible in the trial and there is no legal bar to base a conviction upon his testimony if corroborated by other reliab .....

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