Supreme Court: Prosecution witnesses having mobile phones not intimating incident to police casts a serious doubt with regard to the genuineness of the prosecution case

Learned Senior Counsel further submits that both P.W. 1-Ali Sher Khan and P.W. 2-Jaan Mohammad have admitted in their evidence that they were possessing mobile phones. She submits that in normal circumstances, after such a dastardly incident had occurred, P.W. 1-Ali Sher Khan and P.W. 2-Jaan Mohammad would have informed the Police about it on their mobile phones. She submits that, however, the same has not been done by them.

{Para 15}

70. Coupled with the fact that though P.W. 1-Ali Sher Khan and P.W. 2-Jaan Mohammad, had mobile phones, they had not informed the Police on phone, also casts a serious doubt with regard to the genuineness of the prosecution case.

 IN THE SUPREME COURT OF INDIA

Criminal Appeal Nos. 434-436, 442, 437-439 and 440-441 of 2020 

Decided On: 15.12.2021

Jaikam Khan Vs. The State of Uttar Pradesh

Hon'ble Judges/Coram:

L. Nageswara Rao, B.R. Gavai and B.V. Nagarathna, JJ.

Author: B.R. Gavai, J.

Citation: MANU/SC/1259/2021,( 2021 ) 13 SCC 716.

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