instance of the accused appellant is dubitable. It is
impossible to believe that the accused appellant, who
was a free bird till 3rd October 2013, would
meticulously preserve the worthless incriminating
articles i.e., his shoes, lungi and the watchman
uniform, for the police to recover the same and
thereby, face the risk of being incriminated.
23. Secondly, Shri Basant submitted that the FSL
report depicting that the soil on the shoes was similar
to the mud/soil of the location from where the victim
child’s body was recovered is merely suggestive in
nature and not conclusive. He urged that, if at all, the
prosecution wanted to establish that the soil was
from the same source, then a more exhaustive
exercise was required to be conducted by collecting
soil samples from different surrounding locations
thereby, excluding the possibility of mud/soil found
on the shoes being from the locality where the
18
Criminal Appeal No(s). 1954-1955 of 2022
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