testified that R did not return that night, and in spite of frantic
efforts, she could not be traced. The next day, he enquired at
Venkavva Patil’s (PW-5) house about R’s whereabouts, where he
was informed that the appellant had taken R with him.
Hanamappa (PW-4) lodged a missing person report re R at
Nargund Police Station on 29th December 2010 (Exhibit P-6). This
complaint states that on 28th December 2010, at 9 pm, he was
informed by Mallanagowda Kagadal (PW-14) that R was missing,
following which he went to his brother Rangappa’s house and
learnt from his brother’s daughter, Yallavva Mangalore (PW-23),
that R had gone to Venkavva Patil’s (PW-5) house at 6:30 pm to
watch TV, and that he, along with other people, tried locating R
but were unsuccessful. The complaint does not mention the
involvement of the appellant, a fact counted on by the counsel for
the appellant that will be addressed subsequently. Similarly,
Yallavva Mangalore (PW-23) has testified that R had gone to her
neighbour’s house at about 6:30 p.m. on 28th December 2010 to
watch TV. As R did not return home, they had made enquiries
with their neighbour Venkavva Patil (PW-5) who had confirmed
R’s visit to her house for watching TV and that she may have
gone out. Yallavva Mangalore (PW-23) had looked for R and, on
being unsuccessful, informed her father and uncles. R could not
be located on the said date or on 29th December 2010.
Criminal Appeal Nos. 1473-1474 of 2017
Page 3 of 30
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