Whether defence of accused of alibi is proved if witness has not mentioned his name in his evidence?

 Learned counsel Shri Ghanekar argued that this witness

has proved the defence of alibi of accused No. 1 Shyamsundar. Shri

Ghanekar argued that PW 3 Manohar nowhere states that accused No. 1 Shyamsundar was there at the spot or not. Therefore, this clearly shows that accused No. 1 was not present at the scene of the offence.

We do not agree with the submission of learned counsel Shri Ghanekar.

PW 3 Manohar has nowhere stated that accused No. 1 Shyamsundar

was not present at the spot. What he has stated is that along with

deceased Ananda, there were two to three persons in the auto rickshaw.

In the cross-examination also, it was not brought on record that this

witness knew accused No. 1 Shyamsundar and despite that he did not mention his name. Therefore, his testimony nowhere suggests the absence of accused No. 1 at the spot of the incident.
{Para 43}

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD

CRIMINAL APPEAL NO. 268 OF 2014

 Shyamsundar Vithal Pawle Vs The State of Maharashtra 

CORAM : S. V. Gangapurwala &

M.G. Sewlikar, JJ.

PRONOUNCED ON : 11th September, 2020.

JUDGMENT : ( PER M. G. SEWLIKAR, J.).
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