Saturday, 12 September 2020

Whether recovery of the weapon of offence becomes doubtful if accused were handcuffed at that time?

This witness has admitted in the cross-examination that all
the three accused were hand cuffed right from the time they were taken out of the police station and brought back to the police station.
Learned counsel Shri Ghanekar placed reliance on the case of Sureshs/o Mahadeo Deshmukh vs State of Maharashtra reported in 2018 ALL MR (Cri) 3837 for the proposition that if the accused are hand cuffed at the time of recovery of the weapon, the said recovery cannot be relied upon as it is under duress and pressure. This witness has given a vague
admission that right from the time of leaving the police station till returning to the police station, the accused were hand cuffed. He has not stated that at the time of recovery, they were hand cuffed. Therefore, a vague admission that right from leaving the police station till coming back to the police station, the accused were hand cuffed, does not go to show that the accused were hand cuffed at the time of effecting recovery. Therefore, the case relied upon by the learned counsel for the appellants is not applicable to the instant case.
{Para 53}
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.).
Read full judgment here: Click here
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