17
has not seen the appellants coming into the house.
Therefore, his
evidence is not sufficient to place the appellants at the scene of crime.
36. The expert, who examined the articles at the place of occurrence
and found some finger prints, has not been examined.
The person
who took the sample finger prints has not been examined. The finger
prints had been lifted on 17.12.2012 whereas the articles were seized
on 18.12.2012.
There is no explanation about why the articles were
just left at the scene after developing the finger prints and why they
were not seized and sent for analysis on the same day. Further, no
prints have been found on the doors or the steel almirah to
substantiate the robbery.
The examination of expert is crucial
especially if reliance is placed on the finger print report to suspect the
guilt of the appellant. PW-12, Panch witness to the seizure of bottles
states that the bottle was "lying near the door of the courtyard was
seized." This makes the process of the lifting the print suspicious.
37. The shirt of appellant No. 2 recovered from him in pursuance of
his statement under Section 27 of the Evidence Act is allegedly
matched with the small broken button found at the scene of crime.
This has been relied upon by the courts below as another
circumstance to corroborate the presence of the appellants at the
scene of crime. However, there is nothing on record to show that the
shirt is unique and cannot be matched with the shirt of any other
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