whether the appellant had committed an offence. Noticeably, the
implication as to the involvement of the appellant was made
shortly thereafter, that is on 31st December 2010. By then the
entire village was in a state of alarm and wary that a terrible crime
had been committed by someone from the village. Yallappagouda
Kagadal (PW-7), Bhimappa Talawar (PW-8), Gadigeppa Talawar
(PW-9), and Hanamappa Talawar (PW-10) had come forward and
stated that they saw the appellant carry a child towards
Bennihalla. The appellant, a driver by profession, had gone
missing according to Ajit Patil’s (PW-6) testimony. Therefore,
mere non-inclination to straight-away accuse the appellant who
was apparently close to Venkavva Patil (PW-5) and Ajit Patil (PW6) and had come to their house to watch television, should not be
a ground to thrust aside Hanamappa’s (PW-4) version as he had
not named the appellant, or depositions of Venkavva Patil (PW-5)
and Ajit Patil (PW-6) that R had left with the appellant. One could
accept that there could be some exaggeration in the statements of
Venkavva Patil (PW-5) and Ajit Patil (PW-6) to the extent that they
had heard the appellant conversing with R and that he had taken
her away on the pretext of giving her a biscuit, but this would not
in any manner affect the factum that the appellant and the victim
R were present in the house of Venkavva Patil (PW-5) and Ajit
Patil (PW-6) at 6:30 p.m. on 28th December 2010 where they had
Criminal Appeal Nos. 1473-1474 of 2017
Page 10 of 30
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