14
18.
These being glaring disparities in the very foundation of the case,
things get progressively worse. Saidutt Bohare (PW-15), the Nodal Officer from
Bharti Airtel Limited, who furnished the call data to the police, said that he sent
those details by email to the Police Superintendent’s Office when he was
asked. He produced a copy of the email, containing the call details sent to the
Police Superintendent’s office (Ex. P31). He stated that the subscriber of
mobile number 9993135127 was Om Prakash, son of Buletan Yadav, and
furnished the call details and IMEI data. The call data statement (Ex. P31)
reveals that it was made available to the police at 18:05 hours on 28.03.2013.
It was only thereafter that the FIR was registered at 18:20 hours. However,
though the call data statement was sufficient to link Om Prakash Yadav with
the ransom calls, the police chose to mention in the FIR that the accused was
‘Unknown’. Further, if Ex. P31 statement pointed to the involvement of Om
Prakash Yadav, as claimed by the Investigating Officer (PW-16), there is no
explanation forthcoming as to why the police picked up Rajesh Yadav first.
19.
Further, and most crucial of all, there is no clarity as to when the
appellants were actually taken into ‘custody’ by the police. PW-2 stated in his
examination-in-chief that the police caught Rajesh Yadav and took him to
Gorakhpur Police Station during the afternoon hours of 28.03.2013 itself.
During his cross-examination, PW-2 again asserted that the police did not take
Om Prakash Yadav on 28.03.2013 but they took Rajesh Yadav and Raja Yadav.
PW-2 categorically denied the suggestion that the police did not take Raja
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