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SUPREME COURT REPORTS
[2023] 8 S.C.R.
recovered during the first search. The Panchnama (Ext. 36) reveals
that the same was prepared in the night of 13.6.2010 between 9.00 p.m.
to 9.30 p.m., whereas according to PW 5, all proceedings of recovery
appear to have been completed before 2.00 p.m. to 2.30 p.m. by which
time the witness had returned home. In fact, the factum of search itself
is in doubt as PW 5 categorically states that after conducting the search
he visited the police station where his “signatures” were obtained, though,
he clarifies that earlier too his signatures were taken, but on what paper
and for what purpose, he did not disclose.
34. We may now proceed to the testimony of PW 13, who is the
star witness of the prosecution, i.e., the Investigating Officer. According
to his version, on 16.6.2010, the appellant, while in police custody, made
a disclosure statement (Ext.47) in the presence of independent witnesses
PW 7 and P.K Mehta (not examined). The statement revealed the
appellant to have concealed the nicker of the prosecutrix as also his
clothes, worn by him at the time of incident, in his house, which he was
ready to identify and get recovered.
35. Accordingly, on 16.6.2010 PW 13 along with the Panchas,
staff and the appellant searched the room No.39 of Ganesh Deval Nagar.
The room was opened, and the appellant produced “amul gold 45 size
nicker” and one “white colour nicker of amul gold 80 cm’s size banian”
having blood stains and one “grey coloured barmuda” and one “brown
colour nicker having contents written as Sophia 65 cm” and some blood
stains. The said articles were seized vide Memo Ext.48 in the presence
of the Panchas. On 17.6.2010 the appellant got recorded a second
disclosure statement while in custody, whereby, he stated that some
additional clothes which he had worn on the day of the incident could be
got recovered. Accordingly, on the basis of such statement Ext.50 dated
17.6.2010, the police party along with the appellant proceeded and
searched room No.206 in Deepshree Building at, approximately two
kilometers from Valiv Naka. One Ganesh Bheema (Ganesh Kapildev
Mishra) opened the door of the room and, as per the disclosure by the
appellant, the police recovered certain incriminating articles vide Memo
(Ext.51) dated 17.6.2010.
36. All the articles recovered prior to 17.6.2010 were sent for
scientific analysis vide letters Ext.68 and Ext.69 both dated 16.6.2010,
the blood sample of the appellant was sent for DNA profiling. He also
sent a letter to the Civil Hospital for collection of the blood, nails, and
hair samples of the appellant. During investigation, he procured the report
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