49
signature. He mentioned that the mobile phone’s IMEI number was
352450/03/115949/9.
89.
PW-7 also witnessed Neha’s interrogation where she provided
information about committing robbery and murder; and told the police that she
had hidden and could point out clothes and sandals worn at the time of incident,
and Suzuki Access vehicle (Ex. P34). At her pointing out, the police seized the
Suzuki Access Scooty in question, from behind the old OPD of M.Y. Hospital,
from which: one service book, one blood-stained pink full sleeve shirt with
white lining, a light blue coloured jeans with three buttons on the back pocket, a
pair of ladies black coloured high heeled sandals with brown strip attached at
the front and in the back of which, above the heels a chain was attached
containing blood stains. These were seized by police (Ex. P35) containing the
witnesses’ signature. PW-7 identified these articles in court.
90.
An overall reading of the depositions of PW-7 and PW-13 shows that
disclosure statements were made by all the accused in the morning of
23.06.2011. However, the recovery of articles pursuant to the disclosure
statements were in the afternoon: Ex. P29 (which relates to Rahul and
evidenced the seizure of the motorcycle, a knife and his clothing) was at 15:30
hrs; Ex. P30 (which too at the behest of Rahul leading to seizure of a broken
camera) at 16:40 hrs; Ex. P32 (pair of shoes, a t-shirt, a trouser and an
underwear seized at the behest of Manoj) at 14:45 hrs; Ex. P33 (the other
seizure at Manoj’s behest, of broken mobile phone) at 16:00 hrs; and Ex. P35
(seizure of clothing items, blood-stained black sandals and Suzuki Scooty, at
Neha’s behest) at 17.30 hrs. The prosecution made no attempt to show why
piecemeal recoveries were made when according to its witnesses, on the very
first day i.e., on 22.06.2011, all the three accused had disclosed their roles in the
crime and their willingness to cooperate as well as the recovery of the articles
related to the crime - including those belonging to them or hidden by them.
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