97
being recorded. But in such an event adverse inference could be
drawn against him”. In Munna Kumar Upadhyay @ Munna Upadhyay
v. State of Andhra Pradesh; AIR 2012 SC 2470 it has been held that “False denial made by the accused of established facts can be use as
incriminating
evidence
against
him”.
From
the
entire
cross
examination of P.W. 1 there is nothing that the accused did not know
the defacto complainant or that there was no relation with P.W. 1 and
the accused and during the examination of the accused u/s 313 Cr. PC
denied it and thus this court can draw adverse inference against the
accused and when the question of marriage is put in the cross
examination of P.W. 1 and the accused denied it or failed to explain it
then false denial made by the accused of established facts can be
used as incriminating evidence against him.
P.W. 2 stated that while her daughter was studying in the
college then there was love affairs in between her daughter and the
said Animesh Boxi and due to this love affair the said accused had
stolen some nude pictures of her daughter from her mobile phone and
had uploaded those nude pictures of her daughter in different porn
websites and P.W. 2 went to the P.S. and as her daughter was broken
so she dictated it and P.W. 2 had written the complaint and it was read
over to her daughter and her daughter had also seen it and then her
daughter put her signature into it and he also signed into it (exhibit
1/2). P.W. 2 further stated that on 07/8/2017 he went to CID office
along with her daughter and there the mobile phone of her daughter
was seized by the C.I.D. and P.W. 2 identified the seizure list and his
signatures into it (exhibit 4/1). P.W. 2 identified the mobile phone of
her daughter and his signature in the envelope (mat exhibit 1/2). P.W.
2 identified the screen shots which her daughter had submitted along
with the written complaint (exhibit 1/4, 1/5 and 1/6). This court further
finds from the cross examination of P.W. 2 when P.W. 2 stated that “I
had just purchased this phone and had given to my daughter and I do
not know anything else. I came to the court to depose on behalf of
my daughter” which clearly means that P.W. 1 is using mobile phone.
P.W. 7 stated that on 07/8/17 as per requisition she consulted
with her superior for taking permission and after verbal permission to
assist in connection with Panskura P.S. case no. 381 of 2017 and P.W
18 informed her that the victim’s name who is the complainant of
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