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Crl.AppealNo.2295-2296of2010

Crl.AppealNo.2295-2296of2010

Crl.A.Nos.2295-2296 of 2010 -74-and that there is sufficient corroboration by otherevidence to his statement. This test is special to thecase of weak or tainted evidence like that of theapprover.In support of the said principle, he furtherplaced reliance on the cases of Ravinder Singh v.State of Haryana 24 , Abdul Sattar v. U.T. Chandigarh 25 ,Narayan Chetanram Chaudhary v. State of Maharashtra 26 ,Sheshanna Bhumanna Yadav v. State of Maharashtra 27andBhuboni Sahu v. R. 28 .54. The learned senior counsel specifically referredto the case of K. Hashim v. State of Tamil Nadu 29wherein this Court, after adverting to Sections 133and 114, Illustration (b) of the Evidence Act has heldthat the said provisions strike a note of warning24 (1975) 3 SCC 74225 (1985) Suppl (1) SCC 59926 (2000) 8 SCC 45727 (1970) 2 SCC 12228 (1948-49) 76 IA 14729 (2005) 1 SCC 237

Crl.A.Nos.2295-2296 of 2010 -75-cautioning the court that an accomplice does notgenerally deserve to be believed.55. He then drew our attention to an unreportedjudgment of this Court delivered by one of us, A.K.Patnaik, J. in the case of State of Rajasthan v.Balveer (Crl. Appeal No. 942 of 2006 decided on31.10.2013) wherein this Court observed, whilereferring to illustration (b) of Section 114 of theEvidence Act, and observed that the Court will presumethat an accomplice is unworthy of credit unless he iscorroborated by material particulars.56. It was further urged that the learned seniorcounsel on behalf of the prosecution had stronglyrelied on the statement of PW-51, whereas theaforesaid deposition was virtually rendered uselessduring cross examination before the Special Court(POTA). The version given by the said witness in hiscross examination was more credible, natural and casts

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