Rejecting the appeal of two convicts in the Narcotic Drugs and Psychotropic Substances Act (NDPS) case, who held that the examination of a sole independent witness is fatal to the prosecution case, the Punjab and Haryana High Court observed that, “no one is perfect. Is. The law states that police officers cannot be cited as witnesses and their testimony must always be viewed with suspicion.
However, the HC reduced the sentence of 15 years rigorous imprisonment (RI) awarded to the appellants to 10 years.
The appeal against the conviction has been filed by Gurpawan Singh and Gurdit Singh, who have been convicted by the district court of Ludhiana under the NDPS Act and sentenced to 15 years of imprisonment.
Challenging the order of conviction, the appellants argued that the prosecution failed to prove its case against the appellants as the sole independent witness, Preetpal Singh, who was present at the time of alleged recovery, was not examined, which was the case of the prosecution. was part. Case. The whole case of the prosecution rests on the testimony of official witnesses, with discrepancies on material points that make the prosecution’s case suspicious.
The state counsel opposed the appeal, arguing that the prosecution had proved its case against the appellants—the accused had produced solid evidence beyond the shadow of any doubt and had been rightly convicted by the trial court. went. Is.
Not satisfied with the arguments of the counsel for the appellant, a division bench of Justice Ritu Bahri and Justice Ashok Kumar Verma said, “The contention of the counsel for the appellants is that the examination of the sole independent witness, Preetpal Singh, is fatal. for the prosecution case. is lost and has no legs to stand on. It is an established proposition of law that even if the prosecution has not examined an independent witness, although involved, it is not fatal to the prosecution’s case.
Further considering the age of the appellants and the fact that the appellants are the first offenders as per the custody certificate and they are not involved in any other case, the Bench ordered that the appellants be sentenced to imprisonment for 15 years by the trial court. should be operated. be reduced to 15 years. 10 years or RI for every 10 years.