82
accepted the prosecution's story with respect to the chance witnesses, PW-10
and his identification of the accused in TIP proceedings.
156. During the hearing, the appellants’ counsel had urged that the findings of
the trial court are unsustainable, because they overlooked several lacunae which
cumulatively tended to undermine the prosecution’s case. The omission to
examine certain witnesses (such as PW-1’s driver, Nandakumar; Abhay Tiwari,
who along with PW-20 found the right shoe with a bullet hole; Amit Soni, who
went to the TIP of articles, with some jewellery items; Prakash Ichke, who
witnessed the recoveries and seizures on 23.06.2011, Constable Dinesh, who
accompanied Rahul to MY hospital, etc.). It was also emphasized that the
silence of certain witnesses (such as PW-4, in regard to whether she witnessed
the arrest, and search of Neha; of PW-19, who was silent about receiving a
report from PW-28 regarding Neha’s suspicious activities in the morning of 2206-2011; silence by prosecution witnesses about DW-1’s role), too, cast grave
doubts about the prosecution version. Furthermore, it was contended that the
seizure, sealing, transmission of articles found at the crime scene and recovered
from the accused’s premises, as well as open areas, as well as their chain of
custody was not proved.
157. This court has previously discussed the probative value of the evidence
relied on by the prosecution, and rejected the way in which Neha was
apprehended, the recoveries made on 23.06.2011, the TIP of the accused, the
deposition of PW-10 and of PW-8, and the DNA and shoeprint analysis. The
first question is whether having regard to the rejection of some of the
prosecution evidence, the case against the accused, as a whole, stands
disproved. This aspect has been considered in earlier decisions of this court
where defects in investigation, or lapses in the recollection during testimonies of
witnesses, were involved. In State of U.P. v. Anil Singh62, this court observed as
follows:
62 (1988) Supp SCC 686
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