Law:

Section:

(a) Penal Code (XLV of 1860)----- ----S.302(b)---Reappraisal of evidence---Prosecution itself vide F.I.R. and supplementary statement had introduced two versions of the incident whereas the accused during cross-examination on the statements of prosecution witnesses and in their statements under S.342, Cr.P.C. had supported the prosecution version mentioned in the F.I.R.--­Principles to be applied in dealing with such a case by the Court recorded. The proper and the legal way of dealing with a criminal case is that the Court should first discuss the prosecution case/evidence in order to come to an independent finding with regard to the reliability of the prosecution witnesses, particularly the eye-witnesses and the probability of the story told by them and then examine the statement of the accused under section 342, Cr.P.C. statement under section 340(2), Cr.P.C. and the defence evidence. If the Court disbelieves/rejects/excludes from consideration the prosecution evidence, then the Court must accept the statement of the accused as a whole without scrutiny. If the statement under section 342, Cr.P.C. is exculpatory, then he must be acquitted. If the statement under section 342, Cr.P.C. believed as a whole, constitutes some offence punishable under the Code/law, then the accused should be convicted for that offence only. In case of counter versions, if the Court believes prosecution evidence and is not prepared to exclude the same from consideration, it will not straightaway convict the accused but Will review the entire evidence including the circumstances appearing in the case before reaching at a conclusion regarding the truth or falsity of the defence plea/version. All the factors favouring belief in the accusation must be placed in juxtaposition to the corresponding factors favouring the plea in defence and the total effect should be estimated in relation to the question, viz. is the plea/version raised by the accused satisfactorily established by the evidence and circumstances appearing in the case? If the answer be in the affirmative, then the Court must accept the plea of the accused and act accordingly. If the answer to the question be in the negative,…

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