2013 and 2nd October, 2013 as well, but the witness
(PW-9) did not divulge the vital information to the
police that he had seen the child with the dog in the
vicinity
of
watchmen
chawl
and
the
accused
appellant coming out of the bushes. Apparently,
thus, the conduct of the witness in maintaining stoic
silence and not divulging to the police at the first
available opportunity that he had seen the child
victim in the afternoon of 30th September, 2013, or
that he had seen the accused appellant coming out
from the bushes makes his entire testimony doubtful.
45. As is borne out from the record, the statement
of this witness (PW-9) was recorded by the Mandar
Vasant Dharmadhikari (PW-18), the Investigating
Officer, under Section 161 of the CrPC on 3rd October,
2013. Hence, the conduct of the witness (PW-9), in
remaining indifferent and failing to disclose the vital
fact of having seen the accused appellant and the
35
Criminal Appeal No(s). 1954-1955 of 2022
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