22
Further, despite several opportunities, the prosecution failed to explain the acts
of DW-1 during the investigation, or why her role was specifically erased.
Reliance is placed in this regard on Reena Hazarika v. State of Assam17. It was
urged that this warrants adverse inference against the prosecution, creating
doubt over its reliability.
41.
It was argued that the testimony of DW-1 Deepika Shinde in fact shows
that technical evidence was analysed on the date of the incident itself. This does
not square with the complete absence of telephonic evidence in the testimonies
of the investigating team including PW-4, PW-28, PW-31. Telephonic evidence
about whether the accused spoke to each other, or knew each other, or whether
the deceased spoke to any of the accused, or the triangulation of location was
not collected during the investigation and has been kept out of the trial. It was
urged that in its place, this court now had to rely upon the ipse dixit of the
investigation team, knowing that electronic evidence was not only available, but
was surreptitiously used to Neha’s detriment. It was pointed out that PW-31 IO
made no reference to the presence of officials of the Crime Branch on
19.06.2011, 20.06.2011, or 21.06.2011. However, PW-28, Vijay Singh Chauhan
made reference to his Crime Branch posting, and informing PW-19 YR
Gaikwad, what he (i.e., PW-28) saw on 22.06.2011. However, PW-19 in his
testimony was silent on receiving any information from PW-28 on 22.06.2011.
DW-1’s capacity for conducting investigation was questioned on the ground that
the CrPC does not permit parallel/multiple investigations in the same case.
42.
It was submitted that despite recovery of the “Oriflame” document from
Neha, the prosecution did not rely on the document as an exhibit. The
prosecution did not examine any official from the company to provide any
context whatsoever as to the forms, catalogue or, perfume recovered from
Neha’s residence on 22.06.2011 (Ex. P11). There is no evidence to suggest that
the form seized from Neha was filled in by the deceased Megha; nor was the
17 (2019) 13 SCC 289
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