the company of the accused appellant were examined
by the Investigating Officer (PW-16). It is difficult, if
not impossible, to believe that even though fervent
efforts were going on to search for the missing child
in the colony, the witnesses who claimed to have seen
the child victim with the accused appellant would not
have stepped forward to give leads to the 1st
Investigating Officer (PW-16) at the earliest possible
opportunity.
These
significant
omissions
and
fundamental flaws in the investigation are sufficient
to satisfy us that the witnesses of the last seen
circumstance were created to add padding to the
prosecution case and as a matter of fact, none of
them had seen the accused appellant and the
deceased (child victim) together.
64. In the cross-examination of Mandar Vasant
Dharmadhikari
[(PW-18),
i.e.,
2nd
Investigating
Officer], the following significant facts were elicited: -
57
Criminal Appeal No(s). 1954-1955 of 2022
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