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TMI Blog2019 (1) TMI 2054X X X X Extracts X X X X X X X X Extracts X X X X ..... same to his contemporary who recorded the FIR but the fact remains that he himself investigated the case. The unfairness in investigation becomes more glaring when we peruse the search and seizure panchanamas. It is seen that the FIR number has been noted at the top of these panchanamas. It is unfathomable as to how the FIR number could be noted on the search and seizure panchanamas when the same were drawn up obviously at an earlier point in time and preceded the registration of the FIR. Even this discrepancy has not been explained by the prosecution at all. Furthermore, we find that the FIR has been registered by Nirmaljit Singh but he has not been examined by the prosecution and no explanation is offered in this regard as well. All the d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Indeed, the Trial Court has noted that the prosecution could not have examined Gurdev Singh Mann as he was won over by the accused. The basis on which such finding has been recorded by the Trial Court, however, is not forthcoming. Neither the Investigating Officer nor any other police official has offered an explanation on that factual position. In addition, we find force in the argument of the Appellant that witness PW-2, who claimed to have received the information telephonically and had passed it on to his contemporary who, in turn, promptly recorded the FIR concerning the offence. eventually was entrusted with the investigation of the case. This Court, in the recent decision in the case of Mohan Lal v. The State of Punjab - AIR 2018 SC ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... noted at the top of these panchanamas. It is unfathomable as to how the FIR number could be noted on the search and seizure panchanamas when the same were drawn up obviously at an earlier point in time and preceded the registration of the FIR. Even this discrepancy has not been explained by the prosecution at all. Furthermore, we find that the FIR has been registered by Nirmaljit Singh but he has not been examined by the prosecution and no explanation is offered in this regard as well. 8. All these deficiencies, in our opinion, create serious doubts and are fatal to the prosecution case, for which reason the Appellant deserves to be acquitted of the stated offence by giving him the benefit of doubt. We order accordingly. The bail bond stand ..... X X X X Extracts X X X X X X X X Extracts X X X X
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