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Crl.AppealNo.2295-2296of2010

Crl.AppealNo.2295-2296of2010

Crl.A.Nos.2295-2296 of 2010 -72-prosecution had placed reliance on the evidence of PW-50 as substantial evidence against the accusedpersons. He contended that a careful reading of theevidence ofPW-50 showed that the said witness hadclearly admitted that he was an accomplice in as muchas he admitted to having contributed money, even whenA-3 informed them that the money was to be used fortaking revenge. It was further contended that a courtshould not rely on the evidence of an accomplice torecord finding of guilt against the accused personsand to buttress the said submission, he placedreliance upon the judgment of this Court in the caseof Mrinal Das v. State of Tripura 20 . In support of thesaid submission, he had further placed reliance uponthe judgment of this Court in the case of Bhiva DouluPatil v. State of Maharashtra 2120 (2011) 9 SCC 47921 AIR 1963 SC 599

Crl.A.Nos.2295-2296 of 2010 -73-Further elaborating his submission in this regard, heplaced reliance upon another judgment of this Court inthe case of Mohd. Husain Umar Kochra v. K.S.Dalipsinghji 22 , wherein this Court had further statedwith regard to the combined effect of Sections 133 and114, Illustration (b) of the Indian Evidence Act, 1872and held that corroboration must connect the accusedpersons with the crime.53. The learned senior counsel relied upon the case ofSarwan Singh v. State of Pubjab 23 , wherein this Courthas laid down the legal principle that the courts arenaturally reluctant to act on such tainted evidenceunless it is corroborated and that independentcorroboration should support the main story disclosedby the approver apart from a finding that the approveris a reliable witness. The accomplice evidence shouldsatisfy a double test, i.e. he is a reliable witness22 (1969) 3 SCC 42923 AIR 1957 SC 637

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