PRAKASH NISHAD @ KEWAT ZINAK NISHAD v. STATE OF
MAHARASHTRA [SANJAY KAROL, J.]
29. A ‘chawl’ is a group of tenements clustered together, very
small in size and densely populated. It’s an inexpensive accommodation,
temporary for some, permanent for others. Living in the same chawl,
cannot be, in the attending facts of no one having identified with certainty
the exact house/room of the appellant, a circumstance pointing to the
guilt of the appellant. As is evident from the decisions referred (supra),
for a circumstance to be established, there shouldn’t be doubt; it should
not leave room for the possibility that, not the appellant against whom
the circumstance is sought to be proved but someone else, may have
done the said crime.
30. None of the witnesses have deposed that it was at the instance
of the appellant that the prosecutrix left the house, nor has anyone
deposed to the effect of having seen the appellant and the prosecutrix
together at any point in time; Appellant was not even a visitor to the
house of PW 1. They have no relationship, be it of whatever nature. All
that is stated is that after having dinner prosecutrix left home, and PW 3
states that he thought she may have gone to the neighbour’s house to
watch TV. With this being the case, last seen theory, does not come into
play. Although argued before us, the Trial Court has correctly not
considered the same to be a circumstance of consequence, in either
direction.
The Circumstance Disclosure Statement of the appellant
and the Recovery of incriminating articles
165
A
B
C
D
E
31. Conjoint reading of the testimonies of PW 12 and PW 13
further renders the prosecution case to be inherently improbable, if not
self-contradictory and impossible on this circumstance.
32. Unlike PW 5, who is categorical about having seen the bloodstained nicker in the house of the appellant, PW 12 does not disclose
such fact. Undisputedly, both these witnesses together visited the alleged
house of the appellant only once, i.e., on 13.6.2010. It is a matter of
record that police recovered only one nicker belonging to the prosecutrix,
which was recovered at the time of the second search conducted on
16.6.2010, which renders the recovery by PW 13 in the presence of PW
9 to be extremely doubtful, specifically when the search and subsequent
recovery of incriminating articles is refuted.
33. There is yet another contradiction which bears significance in
the attending facts and that being the time of the seizure of the articles
F
G
H
選擇目標文字3
連接到段落
連接到實體
取消高亮顯示
新增到目錄