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Supreme Court Of India

(From : Himachal Pradesh)*

Hon'ble Judge(s): K. T. Thomas, D. P. Mohapatra , JJ

(A) Penal Code (45 of 1860) , S.120B, S.420— Criminal conspiracy - Scheme by State Govt. to purchase diseased affected apples from its growers and to destroy them - Implementation by team of State officials and Pradhans and Up-pradhans of local Panchayat - Allegation that some growers had obtained false payments by showing inflated quantities of scabbed apple and thereby cheated the State - Evidence of expert as to fruit bearing capacity of orchards in question belonging to said growers - Expert visited orchards only in succeeding year and that too after apple season of that year was over - Expert neither made any scientific study or research in such assessment nor he undertook such job earlier - His report was based on surmises and conjectures and runs counter to expert evidence led by parties - Was clearly unreliable and inadequate to establish charges against accused - Acquittal of accused - No interference. (Para 15 16 21 22) (B) Evidence Act (1 of 1872) , S.45— Expert evidence - Must show that expert is skilled and has adequate knowledge of the subject. In order to bring the evidence of a witness as that of an expert it has to be shown that he has made a special study of the subject....