(vi)
The reports pertaining to the comparison of
the samples taken from the other watchmen
never saw the light of the day because
prosecution chose not to place the same on
record. Hence, it is clearly a case where the
prosecution
has
withheld
important
evidence thereby, compelling the Court to
draw
adverse
inference
against
the
prosecution.
76. Thus, we are compelled to hold that flawed and
tainted investigation has eventually led to the failure
of the prosecution case involving the gruesome rape
and murder of a child at the tender age of 3 years and
9 months only. Despite there being hardly any
reliable evidence on the record of the case, the
accused appellant was convicted and sentenced by
the Courts below and has suffered incarceration for
almost 12 years of which 6 years were under the
69
Criminal Appeal No(s). 1954-1955 of 2022
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