that there being waste shrubs next to his field on the banks of
Bennihalla, it was difficult to go to the stream through the shrubs.
Next to his land, lie the fields belonging to others, beyond which
there was a graveyard where people did not usually visit at odd
hours.
14.
Secondly, we see good and sound reasons to believe that the
date 30th December 2010 deposed to by Bhimappa Talawar (PW8), Gadigeppa Talawar (PW-9) and Hanamappa Talawar (PW-10)
is on account of failure to recollect the exact date when they had
seen the appellant with a gunny bag and the girl on his shoulder,
and not on account of false deposition on the factum that the
appellant was seen carrying the child at about 8:30 p.m. The
witnesses are village residents and as their evidence was
recorded nearly a year after the occurrence, they may not have
possibly remembered the date of sighting, for the reason that
dates, especially those in the Gregorian calendar, may not be of
much relevance or consequence in the rural areas.
15.
Furthermore, what has weighed with us is the undisputed fact that
on 29th December 2010, Hanamappa (PW-4) had filed a missing
person report (Exhibit P-6) at about 5:00 p.m. On 30th December
2010, the parents of R, Sanganabasappa (PW-1) and Shivaleela
(PW-19) had also reached the village. In case Bhimappa Talawar
Criminal Appeal Nos. 1473-1474 of 2017
Page 14 of 30
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