9
and seizures were made at 10:35 AM (Ex. P17). The arrest memo of Manoj (Ex.
P15), however, does not record the injury on the elbow even while it notes signs
of an injury on the nose in column 9 of the arrest memo which is where the
police is supposed to record injuries present on the body of the accused at the
time of arrest. The prosecution case is that on 22.06.2011 from 6:00 AM till
4:40 PM various seizures were made and documents were prepared. However,
there is evidence to show that a press conference was held in the office of DW-3
Sanjay Rana, IG Indore between 12:30 PM to post 1:00 PM and even before the
press conference, PW-31 IO had informed him that the investigation was done
and Neha was arrested, and that he had conducted the seizure procedure from
the accused. This falsifies the story of the recovery of shoe at the instance of
Rahul Ex. P21 [reliance is placed on DW-3 and DW-5].
19.
Ms. Prakash contended that PW-31 IO deposed to interrogating Rahul on
23.06.2011 before two witnesses - but did not name them. Rahul reportedly
disclosed that he had kept his clothes and knife in a bag in his motorcycle and
Manoj had broken the stolen mobile and camera and thrown them near a Maruti
Showroom. He then prepared the information memo (Ex. P28) at 07:50 AM. He
interrogated Manoj in the presence of two witnesses (who he did not name) who
allegedly confessed that he had concealed the clothes and shoes worn by him in
his father's almirah and had thrown a broken mobile near the Maruti showroom
at Rau. He then prepared information memo (Ex. P31), recorded at 08:05 AM.
PW-31 also interrogated Neha in the presence of two witnesses (who were
again, not named) who revealed that she had kept her clothes and sandals worn
by her in the dicky of her Scooty. He then prepared information memo (Ex.
P34) at 08:15 AM. It was submitted that since the accused had made their
disclosures on the date of their arrest, it appears strange and unnatural that
truncated recovery statements would be given at different stages of
investigation. Counsel urged that there was no explanation as to why PW-31 IO
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