been raped and killed. There appeared no other reason for R to
have vanished and disappeared, she being a girl aged only about
five years who had gone to a neighbour’s house to watch TV in
the evening. The statement of PSI S.S. Kamathagi (PW-25) has
not in any way contradicted the prosecution version or the
testimonies of Sanganabasappa (PW-1), Hanamappa (PW-4),
Venkavva Patil (PW-5), Ajit Patil (PW-6), Yallappagouda Kagadal
(PW-7), Bhimappa Talawar (PW-8), Gadigeppa Talawar (PW-9),
Hanamappa Talawar (PW-10), and Yallava Mangalore (PW-23).
12.
We would now examine the date discrepancy in the court
testimonies of Yallapagouda Kagadal (PW-7), Bhimappa Talawar
(PW-8), Gadigeppa Talawar (PW-9) and Hanamappa Talawar
(PW-10), and consider the contention of the counsel for the
appellant that Yallapagouda Kagadal (PW-7), Bhimappa Talawar
(PW-8), Gadigeppa Talawar (PW-9) and Hanamappa Talawar
(PW-10) are planted witnesses. Yallappagouda Kagadal (PW-7) in
his testimony has clearly stated that he had seen the appellant
carrying a girl on his shoulder at about 8:30 p.m. on 28th
December 2010. Contrary to Yallapagouda’s (PW-7) statement
relating to the date of sighting, Bhimappa Talawar (PW-8),
Gadigeppa Talawar (PW-9), and Hanamappa Talawar (PW-10),
have deposed that they had seen the appellant with a gunny bag
Criminal Appeal Nos. 1473-1474 of 2017
Page 12 of 30
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