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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