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Mar 25, 2009
CrPC- Sec 313
Anthony D'Souza and Ors. Vs. State of Karnataka AIR2003SC258
"In Swapan Patra v. State of West Bengal (1999), this Court said that in a case of circumstantial evidence when the accused offers an explanation and that explanation is found not to be true then the same offers an additional link in the chain of circumstances to complete the chain. The same principle has been followed and reiterate in State of Maharashtra v. Suresh(1999), where it has been said that a false answer offered by the accused when his attention was drawn to a circumstance, renders that circumstance capable of inculpating him. This Court further pointed out that in such a situation false answer can also be counted as providing a missing link for completing the chain. The aforesaid principle has been again followed and reiterate in Kuldeep Singh and Ors. v. State of Rajasthan ,(2000)."
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