S.B.SINHA, P.P.NAOLEKAR
State of Maharashtra – Appellant
Versus
SIRAJ AHMED NISAR AHMED – Respondent
33. The Designated Court has rejected the evidence of both the witnesses on consideration of other aspect that PW- 55 had stated that no search of the flat was made by the police party. While appreciating the evidence, the court must keep in mind that the powers of observation differ from person to person. What one may notice, other may not. An object or thing happened might reflect in the image of a person's mind, whereas it may go unnoticed on the part of another. It has not come out in the evidence or in the cross-examination that PW-55 was also a party to the search of the flat along with PW-50 after the arms were produced by the accused who had made a categorical statement that he had made a search of block no. 402 before the completion of the panchnama. While appreciating the evidence of a witness, the approach must be whether the evidence of the witness read as a whole appears to have a ring of truth. Once that impression is formed, it is undoubtedly necessary for the court to scrutinize the evidence, more particularly keeping in view the deficiencies, drawbacks and infirmities pointed out in the evidence, as a whole, and evaluate them to find out whether it is against the g
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