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He further de- posed that disclosure statement Ex.


Kaushik as present on MLC Ex. Statement of Satinder Kumar was recorded.

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He also deposed that disclosure statement Ex. Amarjeet, without referring date, month and year, de- posed that he took three photographs which are Ex.

P4 to P6 with negatives Ex. C are recorded sepa- rately.

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Accused did aanchal october 2013 lead the defence evidence despite opportunity given and DE was closed on the prayer made on their behalf 5. Final arguments heard and record is perused carefully. It is strongly argued on behalf of the accused persons that none of the accused was identified by witnesses and there have been inconsistencies in the deposition of witnesses as to the time of the proceedings, place of arrest etc.

And further no weapon of offence was recoveredtherefore, all the aanchal october 2013 are entitled for benefit of doubt and may be acquitted for allegations of the notice.

On the contrary LD. APP for state submits aanchal october 2013 all the witnesses have supported the prosecution case in material aspects, therefore, all the accused may be con- victed.


Section IPC pro- vides for the constructive liability of the members of unlawful assembly at the time of committing the offence, if the offence is committed by any member of un- lawful assembly aanchal october 2013 prosecution of common object of that assembly.

Therefore, in or- der to prove its case prosecution is essentially required to prove the following: Whether it was the unlawful assembly with one of the objective to commit mischief or other aanchal october 2013.


This court has gone through the depositions of all the witnesses meticu- lously. PW2 Dharambir also de- posed that there were six boy who entered into the bus on PW4 Satender Kumar also gave the fig- ure more than 5 persons who had boarded into the bus on the date of aanchal october 2013 and participated aanchal october 2013 the incident.

The incident alleged to be offence had taken place thereafter only as proposed by the prosecution. There is no aanchal october 2013 in the depositions of these witnesses to this extent that offence was committed by more than 5 persons. PW1 and PW2 deposed during their cross examination that date of incident was not remembered by them.

But these witnesses have cate- gorically stated the date of the incident in their examination in chief. Prede- cessor of the Court had observed at the time of the examination that cross exam- ination of these aanchal october 2013 was recorded after more than one hour aanchal october 2013 examination of chief which was deferred at the request of Ld.

Aanchal Digest October 2013

Aanchal october 2013 counsel for accused persons. The observation of Ld. Predecessor of this Court suggests that cross examination of the witnesses has to be read with suspicion and truth may b con- cealed by these witnesses.

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The date of incident is categorically deposed by PW4 as Similarly aanchal october 2013 examina- tion of the witnesses is not revealing that date of the incident was disputed on the part of the accused.

Aanchal october 2013, this Court is of the opinion that the statement of PW1 and 2 that they do not remember the date of incident, does not effect the prosecution case and it is proved that the incident occurred on

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