Subsequently, he also came to know that a 3-yearold girl child was missing and that her dead body was
found near the chawl.
49. Apparently, thus, while testifying on oath, the
witness has made wholesale improvements from the
version as set out in his statement under Section 164
of the CrPC wherein he did not utter a word about
having seen the child victim on 30th September, 2013.
These improvements are most vital and have a direct
bearing on the credibility of the deposition of the
witness (PW-14). We are convinced that the witness
(PW-14) deliberately modulated and twisted the facts
in order to lend succour to the prosecution’s case
against
the
accused
appellant.
Thus,
findings
recorded by the trial Court as well as the High Court
that the witness (PW-14) has given unimpeachable
testimony supporting circumstance of the last seen
together, are untenable and unsustainable on the
40
Criminal Appeal No(s). 1954-1955 of 2022
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