by the prosecution to establish that the appellant was seen
carrying R and a gunny bag and walking towards the stream.
5.
Yallappagouda Kagadal (PW-7), in his sworn statement, confirms
the prosecution version that on 28th December 2010 at about 8:30
p.m. while he was standing near his house, he saw the appellant
carrying a child (who was wearing a frock) and a gunny bag, going
through the bus stand road. He thought that the appellant was
taking the said girl to her house. Subsequently he had informed
others and learnt from Bhimappa Talawar (PW-8), Gadigeppa
Talawar (PW-9) and Hanamappa Talawar (PW-10) that they too
had seen the appellant carrying a girl child with him at about 8:30
p.m. on 28th December 2010. Bhimappa Talawar (PW-8),
Gadigeppa Talawar (PW-9) and Hanamappa Talawar (PW-10), in
their depositions, have corroborated that they had seen the
appellant carrying a girl on his shoulder and a gunny bag at 8:30
p.m. However, they have stated that the sighting was on 30th
December 2010. We shall examine this inconsistency and
variance of the date subsequently.
6.
Ajit Patil (PW-6), in his testimony, has stated that they had
searched for the appellant but he had left the village. This had
also been a factor, along with others, contributing to the suspicion
Criminal Appeal Nos. 1473-1474 of 2017
Page 5 of 30
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