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)
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