AIR 1951 BOMBAY 468 ::53 Bom L R 713

Bombay High Court

Hon'ble Judge(s): Chagla , C.J. AND Gajendragadkar , J

(A) Criminal P.C. (5 of 1898) , S.103, S.367, S.423— Panch witness - Appreciation of evidence. The law provides that the house or the shop of a citizen cannot be searched in the absence of panchas. The Courts are bound to attach the greatest importance to the evidence of panch witnesses, and in order that the Court should attach such importance to panch witnesses it is essential that panch witnesses should be independent witnesses, unbiased and without being in any way under the control of the police. It is only when panch witnesses are independent that the liberty of the subject can be safeguarded as far as searches are concerned. If it is established that a panch witness is likely to be a pliable agent in the hands of the police or is likely to be amenable to the influence of the police or he may be looked upon as a police agent, the evidence of such a witness cannot be relied upon. Primarily it is for the Magistrate to come to the conclusion whether a panch witness suffers from the infirmity. He has to apprecitate evidence and primarily it is for him to say whether the evidence of a particular panch witness should be believed or not. But the Court of appeal must be vigilant in seeing that convictions are not based upon the evidence of panch witnesses whose evidence should not be accepted as suffering from the infirmity of being in a position where they mi....