(58)
S.C.No.463/2009 (Judgment)
Borse.
96/
The evidence of P.I.Shri Borse discloses that then after accused Jawed
took them behind the back of Tapadiya Natyagruha spot which was near Sakar
Press. Accused got down from the Jeep and P.I. Shri Borse and panchas also got
down. It seems from his evidence that from the heap of garbage near Sakar Press,
accused took out one Jeans pant of black colour and black coloured T shirt and
produced those clothes before Police and panchas. Hence P.I.Shri Borse seized those
clothes under seizure panchnama Exh57 on the spot itself. Said seizure panchnama
also bears the signature of accused Jawed and his thumb mark to show that the
recovery was effected at his instance. Pertinent to note that on these clothes, the
Chemical Analyzer did not notice any blood stains, since the accused had removed
blood stained T shirt, after the incident and worn this T shirt of Aniket. Hence non
finding of blood stains on the T shirt of Aniket and also on the Pant of Aniket,
cannot be said to be mere coincident. It cannot ignored that out of these four clothes
seized at the instance of accused Jawed, only on his T shirt which was on his person
at the time of incident, the blood stains having blood group 'AB' of Mansi were
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