87
arrests of Rahul and Manoj, and recovery of stolen and other articles from their
possession. The circumstances surrounding the manner of Neha’s apprehension
have been disbelieved by this court, as well as the testimony of PW-10 and the
TIP proceedings, during which he identified her.
163. As against Rahul, this court has held that firstly, the circumstances
relating to his arrest (witnessed by PW-3 and PW-6), on 22.06.2011 was proved
by the prosecution. The second circumstance proved is that his disclosure
statement led to recovery and seizure of stolen articles and other articles
connected with the crime (Ex. P14), including two bent golden bangles, part of
broken mangalsutra, a country made pistol, a knife measuring 35.5 cm, and a
photograph showing Rahul wearing black diamond-like beaded bracelet. The
third circumstance is that, like with Neha, PW-1 identified the gold jewellery
recovered from Rahul’s possession, during the TIP (further corroborated by PW12). The fourth circumstance proved is that PW-24 the fingerprint expert,
deposed that he found that prints A and B lifted from the crime scene (as
corroborated by PW-5 and PW-9) matched with the index and middle finger
prints respectively of Rahul’s right hand, in the sample (Ex. P41) collected from
him by PW-17. The fifth circumstance proved during the trial is that Rahul had
reported late in the evening of 19.06.2011, that he was shot on the right foot, by
unknown persons. This was recorded in the form of a dehatinalisi against
unknown persons; later an FIR (Ex. P107) was registered by PW-30 for offences
punishable under Sections 294, 307 and 34, IPC. Rahul was initially taken to the
District hospital (proved by the treatment card Ex. P97 dated 19.06.2011).
Rahul was however, referred to MY hospital, and examined by PW-32, who
operated upon him. Ex. P113 is the discharge card of MY hospital signed by
PW-32 (who also deposed about it) on 20.06.2011. PW-29 who recorded the
initial report dehatinalisi, also identified Rahul as the boy who had reported the
incident. The bullet extracted from his foot was deposited (under memo Ex.
P113) in the medico legal cell of the hospital, and later seized (under memo Ex.
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