7
Mulayam Singh Yadav. However, the prosecution did not explain why no arrest
memo/ information memo was prepared at the Police Station. It is argued that
this is pertinent as there is a serious dispute about the arrests and recoveries
itself, as also the manner claimed by the prosecution. Also, PW-4 the female
constable escorting the female accused, did not corroborate the prosecution that
any recoveries were made from Neha’s house after her interrogation. She was
silent about whether she was part of the police team which went to the house of
Neha in her examination-in-chief. In cross examination she deposed to sitting in
the same vehicle as Neha while going to her house. The presence of PW-4 is
only confirmed by witnesses of the search team (i.e., PW-3 Dr Deepak Hari
Ranadey and PW-31 IO Mohan Singh). PW-4 further did not support the
prosecution that Neha had disclosed the names of Rahul and Manoj or having
accompanied Neha (which would be expected, the accused being a woman) to
the house of the two accused and the resulting subsequent recoveries. She
deposed that the police party returned to the police station from Neha’s house in
the private vehicle. This suggests that the arrest memo (Ex. P9) and Information
Memo (Ex. P10) made at that time and place is false and as a result, the
subsequent story of Neha leading the police party to the houses of Rahul and
Manoj are also false.
15.
It was further stated that PW-31 deposed that PW-28 Vijay Chauhan,
informed PW-19 Y.R. Gaikwad, about spotting a girl standing suspiciously near
an ATM for which PW-19 made a Station Diary entry and informed him via
wireless. PW-31 therefore went to the police station, constituting a team –
comprising himself, PW-4, PW-19, PW-28 and PW-36 – which left for the ATM
spot and thereafter to Neha’s house (and those of Rahul and Manoj). It is
submitted that neither was the Station Diary produced, nor did PW-19
corroborate the deposition of PW-31 at all. Likewise, there was variance
between the statement of PW-28 and PW-31, on whether he was in the raiding
party that went to Neha’s house.
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