16 stated that, when she was released on 01.04.2013, she went to see Om Prakash Yadav at Bhandari Hospital and there were four policemen there, guarding him to ensure that he did not run away. She said that she used to go to give food every day to Om Prakash Yadav and the police were present all day and all night. She said that the police seized her mobile and she got it back through the Court on handing over a receipt. The evidence of this defence witness remained practically unshaken during her cross-examination. The prosecution conveniently chose to ignore this witness altogether and made no mention of her whatsoever. 21. Even if the deposition of DW-2 is discounted, going by the evidence of the prosecution’s own witnesses, viz., PW-2 and PW-4, Rajesh Yadav and Raja Yadav were taken by the police on 28.03.2013 itself and not on 29.03.2013, as claimed by the prosecution. However, their arrests were shown much later. Rajesh Yadav was arrested only on 29.03.2013 at 6:30pm, while Raja Yadav was arrested on 31.03.2013 at 5:40 pm. Om Prakash Yadav was arrested much later on 05.04.2013 at 3:30 pm. Most crucial is the fact that the Investigating Officer (PW-16) chose to examine Rajesh Yadav at 1:45 pm on 29.03.2013 and record his confession without even arresting him, whereby he would have stood ‘accused of an offence’. It is on the strength of this confession that the police and the witnesses allegedly went with Rajesh Yadav to the well, wherefrom the dead body of Ajit Pal was taken out. In effect, Rajesh Yadav was not even ‘accused of any offence’ at the time he made a confession and

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