170
A
B
C
SUPREME COURT REPORTS
[2023] 8 S.C.R.
prosecutrix) and that “blood had come out from the private part of the
girl”. He does not state that tin shade was that of the house of the
appellant. However, PW 1 has deposed that “The knicker of my daughter
was found on the roof of the accused.” But this is in complete
contradiction to the statement of PW 13 who stated that the nicker and
the banian were recovered pursuant to the disclosure statement of the
appellant. On this issue, further contradiction emerges through the
testimony of PW 10 who states that “there were no clothes on her
person” but in the very next breath adds that “she had worn underwear
on her person”, and also that “he had not seen the body of the deceased
girl”. Also, PW 10 states that he cannot read or write in Marathi and
that he affixed his signatures on Ext.43 at the police station which is in
Marathi. Hence, what is the truth and whom to believe is difficult to
infer from the record.
Circumstance of Scientific Examination, in particular DNA
Report of the Scientific Officer
D
E
F
G
H
50. We may examine the case from yet another angle and that
being, as to whether, even if the recovery on the search conducted on
13.6.2010, 16.6.2010 and 17.6.2010 is believed to be so, either on the
basis of information obtained from the police during investigation or as a
consequence of statement made by the appellant or any other material
obtained by the police during the course of investigation, the same stands
linked to the appellant or not.
51. We find on this count the prosecution has not sufficiently proven
the case. This is for two reasons : (1) If the alleged house of the appellant
was thoroughly searched on 13.6.2010, as is evident from memo Ext.35
and recovery memo Ext.36, then the question of recovery of articles on
16.6.2010 should not arise. The house is nothing but a small room of 8.5
feet x 6.5. feet (out of which a bathroom was 2.5 feet x 2.5 feet), as is
evident from Ext.35. The police party in the absence of appellant had
microscopically scanned the said room, and yet could not find any material
allegedly recovered on 16.6.2010 vide memo Ext.48; (2) Even the
recovered articles, be it of the search conducted on 13.6.2010, 16.6.2010
and 17.6.2010, do not sufficiently link the appellant to the crime. For
elaboration, we extract herein in a tabular form, the articles recovered,
numbered, accepted and the scientific evaluation thereof.
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