persons who work as watchmen. The prosecution
claims that the incident took place in broad daylight
sometime after 10:30 A.M. Mainfestly thus, there was
hardly any possibility that the accused appellant
could have carried the child victim’s dead body to the
pond, which was located one kilometer away, without
being noticed. Hence, two possible scenarios arise: (i) That the incident did not take place in the chawl
as claimed by the prosecution; and/or
(ii) The incident did not take place at the time or in
the manner alleged by the prosecution.
38. Having noted this inherent improbability in the
prosecution case, we now proceed to discuss the
evidence of the material prosecution witnesses.
39. For
the
purpose
of
appreciating
the
circumstance of last seen together, the relevant
witnesses are the complainant, i.e., Manoj Bhaskar
Sadavarte [(PW-1), father of the deceased child],
29
Criminal Appeal No(s). 1954-1955 of 2022
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