(PW-8), Gadigeppa Talawar (PW-9) and Hanamappa Talawar
(PW-10) had seen the appellant carrying the girl child on his
shoulder on 30th December 2010, they would have immediately
accosted him and questioned him about the girl, for by then the
disappearance of R had become common knowledge for all
villagers. Therefore, the date on which Bhimappa Talawar (PW-8),
Gadigeppa Talawar (PW-9) and Hanamappa Talawar (PW-10)
saw the appellant with the small girl on his shoulder was not 30th
December 2010. Rather, 30th December 2010 was the date on
which these witnesses had informed other villagers that they had
seen the appellant carrying a small girl on his shoulder about two
days earlier. On a careful scrutiny of the statements made by
Bhimappa Talawar (PW-8), Gadigeppa Talawar (PW-9) and
Hanamappa Talawar (PW-10), it becomes apparent that they had
met Sanganabasappa (PW-1) on 30th December 2010 and
informed him about their sighting. The inconsistency of dates,
thus, can be explained as inadvertence or strained memory due to
passage of time, not resulting in displacing the case against the
appellant that the prosecution has made out.
16.
On the question of recovery of the dead body on the basis of the
appellant’s disclosure statement, we have referred to the
statements of Gadigeppa Talawar (PW-9), Hanamappa Talawar
Criminal Appeal Nos. 1473-1474 of 2017
Page 15 of 30
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