21. Learned senior counsel further submitted that,
admittedly, the 1st Investigating Officer (PW-16)
collected the forensic samples from numerous
watchmen living in the same chawl, where the
accused appellant was residing, however, the FSL
report pertaining to these samples never saw light of
the day. Hence, an adverse inference has to be drawn
that
these
reports
were
not
favouring
the
prosecution’s story, which is why the same was held
back from the Court.
22. Learned senior counsel further submitted that
the FSL report17 indicating a match between the
mud/soil found on the shoes of the accused
appellant, and the mud/soil found near the pond,
from where the dead body of the child victim was
recovered, is also vague and inconsequential. Firstly,
the very factum of recovery of the soiled shoes at the
17 Supra note 11.
17
Criminal Appeal No(s). 1954-1955 of 2022
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