Bombay HC: How to appreciate evidence of prosecution witness if they are accused in several cases?

 During his cross-examination, he admitted that one criminal case is pending against him and his son for taking forcible possession of land from Advocate Raju Shitole. He also admitted that there is one case pending against his son in law for the offence under section 376 of the Indian Penal Code in the Sessions Court. He admitted during his cross-examination that a criminal case is pending against him in the Court for assault on accused No. 3 Rakesh Modak. {Para 7}.

10. We have carefully perused the findings recorded by the trial Court and we are of the view that the view taken by the trial Court on the basis of the evidence brought on record by the prosecution is a plausible view. There is no perversity as such. The findings recorded by the trial Court are in consonance with the evidence on record. The trial Court has recorded the finding that due to previous enmity, PW1 and Rakesh Modak and also other accused, there was every possibility of roping them as accused in the alleged incident.

 IN THE HIGH COURT OF BOMBAY

Criminal Appeal No. 318 of 2003

Decided On: 23.12.2021

State of Maharashtra Vs. Suresh Hundraj Rupija and Ors.

Hon'ble Judges/Coram:

Sambhaji Shiwaji Shinde and Surendra P. Tavade, JJ.

Author: Sambhaji Shiwaji Shinde, J.

Citation: 2022 All M R (Cri.) 3347,MANU/MH/4290/2021.

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