21. Nonexamination of Ms Rashmi and Horam, father of Vijay Pal Singh also has no material bearing. It is the discretion of the prosecution to lead as much evidence as is necessary for proving the charge. It is not the quantity of the witnesses but the quality of witnesses which matters. Smt Pinky (PW1) was the injured witness having received grievous and life threatening injuries. We are not impressed by this argument also.
22. Nonexamination of the statement under section 164 CrPC also has no relevance or bearing to the findings and conclusions arrived at by the courts below. It was for the Investigating Officer to have got the statement under section 164 CrPC recorded. If he did not think it necessary in his wisdom, it cannot have any bearing on the testimony of PW1 and the other material evidence led during trial.
PARTY: Ajai Alias Ajju Etc. Etc. vs. The State Of Uttar Pradesh – Criminal Appeal Nos:598 of 2013 – FEBRUARY 15, 2023.
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