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does not reveal either the time of recording of statements or the names of the
witnesses.
20.
Commenting on the recoveries made on 23.06.2011, it was submitted that
no explanation was furnished as to why truncated recoveries were made on
different dates, as was claimed by the prosecution. Further, the witness to these
recoveries PW-7 Sandeep Narulkar, appears to be a stock witness who stated
that he reached the police station at 8:45 AM on 23.06.2011, i.e., after the
disclosure statements (Ex. P28, P31 and P34) were recorded. In the chief
examination, this witness deposed that Rahul disclosed before him that he could
get the clothes, knife, lens of camera recovered. Manoj disclosed keeping his
clothes in his father's house and Neha about having kept her clothes in her
vehicle parked behind a hospital. Then police prepared memos Ex. P28, P31 and
P34 respectively and recovered articles of which memos were prepared as Ex.
P29, P31 & P34 respectively. It is pointed out that PW-7 does not say anything
about a lady police officer in the team which would have been required on
account of involvement of female accused Neha. It was urged that nonexamination of the other witness (Prakash lchke) assumes great significance and
without any explanation for his non-examination it cannot be said that the
recoveries are reliable.
21.
Counsel cast serious doubts as to the recovery by police on 22.06.2011
and 23.06.2011. She particularly pointed to the fact that a photograph of Rahul
wearing a black beaded bracelet was found from his house and seized as Ex.
P14. This was not made pursuant to any disclosure and apparently was seized
during the process of seizing other items. During the cross-examination of PW31 IO, a suggestion was made that this picture was clicked when the bracelet
was forced to be worn by the accused. The IO denied the suggestion. Likewise,
a photograph of Manoj, wearing sunglasses was seized from his house and
exhibited as Ex. P17. This was in the course of his disclosure statement leading
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