gone to watch TV. It would be rather imprudent to hold that the
appellant had not visited the house of Venkavva Patil (PW-5) and
Ajit Patil (PW-6) on 28th December 2010 at 6.30 p.m., when R was
also present, and that the appellant had left taking R with him.
11.
It would be apposite to pay minute attention to the testimonies of
Yallappagouda Kagadal (PW-7), Bhimappa Talawar (PW-8),
Gadigeppa Talawar (PW-9) and Hanamappa Talawar (PW-10).
These villagers again had no reason to suspect that the appellant,
who was carrying a child on his shoulder, was guilty of a criminal
act of rape and murder or that he was carrying a gunny bag on his
shoulder for the purpose of dumping the victim’s body in the
stream.
This
is
understandable
from
the
statement
of
Yallappagouda Kagadal (PW-7) according to which he assumed
that the appellant was taking the girl to her home. The situation
changed rapidly thereafter, as is duly reflected in the statement
made by Sanganabasappa (PW-1) on the intervening night of 31st
December 2010 and 1st January 2011 wherein he has cast
suspicion on the appellant. The statement reflects the anger of
people in a rural environment as faith had given way to disbelief.
By that time, villagers had not been able to locate R who was last
seen with the appellant, who in turn had been spotted carrying a
child and a gunny bag, and therefore, they suspected that R had
Criminal Appeal Nos. 1473-1474 of 2017
Page 11 of 30
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