8 16. Counsel further argued that PW-31 deposed about various persons accompanying him, when he learnt about Neha loitering suspiciously. However, he omitted to mention PW-19, who received information and told him about Neha’s movement, at PW-28’s behest. This suggests that Neha was in fact, interrogated at the Police Station. So, there was no reason for not preparing an arrest memo or recording disclosure statement at that point in time, in the police station itself, even though the ATM card had been recovered. PW-31 did not offer any explanation as to why the disclosure was made on the way in the police vehicle. Counsel also referred to PW-4’s deposition, which was silent on this aspect. Furthermore, counsel highlighted that though family members, particularly Neha’s father were available, they were not intimated about her arrest, nor were their signatures taken on the arrest memo. It was urged that all these in fact corroborate the defence submission that Neha’s arrest did not take place as contended by the prosecution. 17. Moving on to the arrest of Rahul and Manoj, some discrepancies in the form of injuries found on their person and the manner their occurrence was recorded before their disclosure statements (Ex. P12-P13 in the case of Rahul and Ex. P15-P16 in the case of Manoj), were pointed out. How these injuries occurred in fact was recorded before the disclosure statement. It was submitted that after Neha’s arrest, recoveries were made from Rahul’s house (Ex. P14) at 09:10 AM. Here, Ex. P12 i.e., arrest memo dated 22.06.2011 of Rahul @ Govind made no mention of any injury on Rahul’s foot despite mentioning an old firearm wound on the left elbow in column 9 of the arrest memo, which is where the police noted the injuries. It was urged that this was an irreconcilable circumstance against the prosecution’s case that Rahul had a bullet injury on his left leg. 18. It was submitted that Manoj’s arrest then took place at 10:05 AM from his house (Ex. P15). His disclosure statement was recorded at 10:15 AM (Ex. P16)

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