37 I. Neha’s arrest 68. PW-28 (Vijay Singh Chauhan) deposed that he saw Neha loitering suspiciously at 6.00 AM on 23.06.2011, near an ATM. He relayed this to P.S. MIG, where the information was received by PW-19 Gaikwad. The IO (PW-31), formed a team consisting of PW-13 (Vijay Singh), PW-36 (Mulayam Singh), Constable Devendra and PW-4 (Banno Solanki, the woman constable). This party went to the site, and confronted Neha; her body search was conducted by PW-4 which yielded Ashlesha’s ATM Card. The search memo (in which time recorded is 06.40 AM) was produced as Ex. P22. Neha was taken in for questioning and later arrested. 69. PW-28’s testimony is supported by PW-4, PW-31 and PW-36. However, deposition of PW-19 (Y.R. Gaikwad) is silent about the reporting of Neha’s suspicious activity – and what was deposed by PW-28, as corroborated by others. Constable Devendra was not examined. This omission is per se, insignificant because while proving certain facts and events if by and large, witnesses are consistent, any omission can be overlooked. 70. Nevertheless, a few aspects urged by the appellants with respect to the events proximate to, and surrounding Neha’s arrest bear scrutiny. DW-1 Deepika Shinde (who was promoted as inspector when she deposed) – admitted to analysing call detail records and importantly, to receiving information -from an undisclosed ‘source’- that Neha would be at the spot – from where she was ultimately arrested on 22.06.2011, and that she would be in jeans and a marooncoloured top. DW-1 deposed that she had received this tip off prior to Neha’s arrest, i.e., before 6:30 AM, and she shared this this information with the police. PW-28, however, denied the involvement of DW-1. During the trial, the defence had relied on certain documents – notably Ex. D-32 and Ex. D-46, to say that DW-1 received an out of turn promotion for her role in solving the crime. That out of turn promotion was given to DW-1 and PW-28, was admitted by both of