45
mangalsutra, a knife and a photograph with Manoj in sunglasses. PW-6
corroborated those facts.
82.
PW-3’s testimony was impeached pointing to the discrepancy in time. He
reached the police station after 7:30 AM. Further, in cross-examination, the
witness was not able to depose about particulars of the houses the police party
went to, who were there, etc. Likewise, a question mark was raised about PW-6.
It was urged that the IO never asked another witness to accompany PW-3. It was
urged these witnesses are interested persons, as they are related to the deceased
and PW-1. Another argument regarding the recoveries on 22.06.2011 were that
it is unbelievable that Rahul and Manoj would have kept the looted articles and
the weapons used to assault and kill the deceased, given that they tried to
dispose of other articles such as shoes, camera, clothes, etc. and hide the bike
and scooty, etc. In the opinion of the court, the manner of arrest of these
individuals, has been spoken to by and large consistently by the two witnesses
PW-3 and PW-6 who have corroborated the IO’s deposition. However, in
respect of Neha, what is not explained is why PW-4 (Banno Solanki) did not
participate in her arrest and search of her premises. After having called PW-4, to
ensure compliance with the law that a woman police constable should
apprehend, search and arrest a female accused, the prosecution has offered no
explanation as to why PW-4 was not involved in the further proceedings. PW-4
admitted that she was sitting in the car when the team proceeded to Neha’s
house. Her presence in the team is confirmed by PW-3 as well as the IO. PW-4
herself does not corroborate the prosecution version about recoveries made from
Neha’s house.
83.
As observed earlier, the seizure memos detailing the articles seized at the
behest of the accused: Ex. P11 (Neha) included an ATM Card which belonged to
Megha, the deceased; Ex. P14 (Rahul) included looted jewellery (golden
bangles, part of broken mangalsutra), a country made pistol, a knife measuring
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