AIR 1984 SUPREME COURT 63 ::1984 CriAppR(SC) 97 ::1984 ChandLR(Civ&Cri) 13 ::1984 UJ (SC) 199 ::(1984) Mad LJ(Cri) 207 ::1984 (1) SCC 446 ::1984 SCC(Cri) 10 ::1984 (1) Bom CR 77 ::1984 IJR 67 ::1983 (2) Crimes 838

Supreme Court Of India

(From : Bombay)

Hon'ble Judge(s): S. Murtaza Fazal Ali, M. P. Thakkar , JJ

(A) Evidence Act (1 of 1872) , S.11— Alibi - Evidence and proof - Nature of. It is well settled that a plea of alibi must be proved with absolute certainty so as to completely exclude the possibility of the presence of the person concerned at the place of occurrence.(Para 18) (B) Evidence Act (1 of 1872) , S.133— Trap witnesses - Evidence of - Appreciation of - Touch stone to be applied. Decision of Bombay High Court, D/- 22-23/1/1976, Reversed. Penal Code (45 of 1860) , S.161, S.162— Where, in a trap case, the Judge magnified every minor detail or omission to falsify or throw even a shadow of doubt on the prosecution evidence then, it would be the very antithesis of a correct judicial approach to the evidence of witnesses in a trap case. Indeed, if such a harsh touchstone is prescribed to prove such a case it will be difficult for the prosecution to establish any case at all. (C) Constitution of India , Art.136— Appeal by special leave - Interference - Judgment of High Court acquitting accused suffering from serious and substantial errors of law and legal infirmities - Held, Supreme Court would be failing in its duty if it did not interfere with order of acquittal a....