testimony of Venkavva Patil (PW-5) and Ajit Patil (PW-6)
regarding the presence of the appellant in the house of Venkavva
Patil (PW-5) on 28th December 2010 at 6:30 p.m. Counsel for the
appellant submits that the assertion that appellant took R with him
on the pretext of getting her biscuits is an afterthought and
contrived evidence. In this regard, he places reliance upon Exhibit
P-6, i.e. the complaint filed by Hanamappa (PW-4) on 29th
December 2010 at 5:00 p.m., which makes no mention of the
presence of the appellant at the residence of Venkavva Patil (PW5) and Ajit Patil (PW-6) or that he had taken R with him, in spite of
averments in witness statements that the factum of the appellant
taking R with him had been communicated to Hanamappa (PW-4)
before filing of the complaint. Reliance is also placed on the
testimony of PSI S.S. Kamathagi (PW-25) who claims that he had
visited the village after recording the complaint (Exhibit P-6) and
made efforts without success to trace R. Our attention was drawn
to the FIR (Exhibit P-22) recorded on the basis of statement made
by Sanganabasappa (PW-1) in the intervening night of 31st
December 2010 and 1st January 2011. The FIR mentions that
Venkavva Patil (PW-5) and Ajit Patil (PW-6) had informed
Sanganabasappa (PW-1) that the appellant had taken R with him,
and that Sanganabasappa (PW-1) came to know of this fact only
on 30th December 2010. The counsel for the appellant has argued
Criminal Appeal Nos. 1473-1474 of 2017
Page 8 of 30
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