96
regarding the printed screen shots which P.W. 1 submitted with the
written complaint. Ld. Special PP at the time of argument referred a
citation Domodar Prasad V. State of Maharashtra AIR 1971 SC 622
where it was held that “The FIR is not substantive evidence. It can be
used for one of the limited purposes of corroborating or contradicting
that can be used to show the implication of the accused” and stated
that here the content in the complaint has fully corroborated by the
deposition of the P.W. 1. Ld. Special PP at the time of argument relied
another citation reported in 1993 Cr LJ 187 (SC) where it was held
that “Evidence of a sole eyewitness who received injury must be
wholly reliable”.
In the cross examination of P.W. 1 the said witness clearly stated
that she had captured her very personal photos as because she was
in love with Animesh and believed him so the accused demanded to
give those type of photos and if she did not give him photos then the
used to show anger to her. In the cross examination of P.W. 1 this
court finds that P.W. 1 stated that she did not knew whether the
accused wanted to marry her or not now and this court further finds
that in the cross examination of P.W. 1 a question had been put as “If
the accused wants to marry you whether your father will agree ot
not?” and P.W. 1 replied that
“I am not agree to the marriage
anymore why my father will agree” which means that whatever it
may be the accused knows the defacto complainant very well
otherwise the question of marriage would not arise. During the
examination of the accused person u/s 313 Cr. PC when this court
asked that “The P.W. 1, victim’s name has testified before the court
and in cross examination she stated that at first you were her friend
but later on a relationship developed in between both of you. The
close relationship was that at first you were friends and then became
very close. She loved you and trusted you and you told her to marry
her. What do you have to say in this regard ?” and the accused had
given the answer “I have got nothing to say in this regard”. The
accused stated nothing and just denied everything about P.W. 1 and if
that is so then why the question regarding marriage was asked to P.W.
1 in her cross examination. In the case of Phula Singh v. State of
Himachal Pradesh; AIR 2014, SC 1256 – the court held that “accused
has the right to maintain silence during examination or even remain
in complete denial when his statement under section 313, Cr.P.C. is
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