Roshan Singh v. State Of Punjab

has been filed. The same is taken on record. As per the custody certificate the petitioner has undergone actual custody of 1 month and 7 days only out of the sentence awarded by the Trial Court. Counsel for the petitioner submits that the identity of the petitioner could not be established on record. He asserts that petitioner is not owner of the offending vehicle. Owner thereof has not been associated with the investigation. He submits that owner would have been in the best position to disclose the identity of the driver on the fateful day. While referring to the statement made by complainant Arjan Singh, who appeared as PW1 counsel for the petitioner asserts that the first time the complainant identified him, he was in the dock. He refers

to cross-examination of PW1 wherein he admitted that in the statement made to the police during investigation he categorically stated that the driver fled away from the spot. He submits that the two facts stated by the alleged eye witness PW1 Arjan Singh are self contradictory and thus it cannot be said that the identity of the petitioner stands established on record. He further refers to the cross examination of PW1 where he submitted that he never knew the name of the driver but was told so by the mob gathered on the spot. Counsel for the petitioner submits that neither the vehicle nor the driver were local and thus there was no reason for the crowd gathered at the spot to know the name of the petitioner.