Sunday, 30 April 2017

Whether prosecution case can be doubted on ground of non recovery of weapon of offence?

The next line of contention taken by the learned counsel for the respondents is that the recovery evidence was false and fabricated. We feel no need to address this issue since it had already been validly discarded by the Trial court while convicting the respondents. In any case, it is an established proposition of law that mere non-recovery of weapon does not falsify the prosecution case where there is ample unimpeachable ocular evidence. [See Lakahan Sao Vs. State of Bihar and Anr., (2000) 9 SCC 82; State of Rajasthan Vs. Arjun Singh & Ors., (2011) 9 SCC 115 and Manjit Singh and Anr. Vs. State of Punjab, (2013) 12 SCC 746].
Supreme Court of India
Yogesh Singh vs Mahabeer Singh & Ors on 20 October, 2016
Bench: Pinaki Chandra Ghose, Amitava Roy
Citation: 2017 CRLJ 291 SC
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