21
questioned the prosecution version about Neha’s arrest. He submitted that
officially Neha’s arrest memo (Ex. P9) was prepared at Devendra Nagar. When
Neha was arrested, a personal Seizure Memo (Ex. P10) and a Disclosure Memo
(Ex. P11) was prepared. No explanation as to why Neha’s search outside the
ATM (Ex. P22) did not yield the phone seized through Ex. P9, was given. PW31 IO admitted that this was not recorded in Neha’s arrest memo. Pertinently,
the prosecution neither conducted a technical investigation of the seized phone
nor provided any explanation as to why investigation was not conducted in this
regard. Further, DW-1 SI Deepika Shinde admitted to conducting an analysis of
the CDRs14.The CDRs were not produced before the trial court.
39.
It was urged that these omissions impel the court to draw an adverse
inference, under Section 114 (g) of the Evidence Act 1872 against the police,
casting grave doubt over Neha’s apprehension, her arrest, and subsequent
recoveries. Reliance is placed in this regard on Noor Aga v. State of Punjab15
and Chunthuram v. State of Chhattisgarh16.
40.
Learned counsel further argued that PW-4 Banno Solanki (lady constable)
was cross-examined on 30.09.2011 i.e., just three months after the incident. In
cross-examination, the suggestion given was that Neha was brought to the
police station on the evening of 21.06.2011 by DW-1 SI Deepika Shinde. PW-4
was silent regarding her role in searching Neha’s residence on 22.06.2011,
though she claimed she was present during Neha’s apprehension earlier. PW-28,
during cross-examination about DW-1’s role, deposed that he and DW-1
received an out-of-turn promotion. PW-6, too during cross-examination,
admitted that DW-1 was a part of the raiding team. These facts were effaced
from the record. This was consistently the line of defence during the trial. Both
courts below disregarded this aspect of Neha’s defence – though the
involvement of DW-1, in the investigation of this case was proved conclusively.
14 Call detail records, which list out the incoming and outgoing calls received and made from the instrument.
15 (2008) 16 SCC 417
16 (2020) 10 SCC 733
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