testimony of Venkavva Patil (PW-5) and Ajit Patil (PW-6) regarding the presence of the appellant in the house of Venkavva Patil (PW-5) on 28th December 2010 at 6:30 p.m. Counsel for the appellant submits that the assertion that appellant took R with him on the pretext of getting her biscuits is an afterthought and contrived evidence. In this regard, he places reliance upon Exhibit P-6, i.e. the complaint filed by Hanamappa (PW-4) on 29th December 2010 at 5:00 p.m., which makes no mention of the presence of the appellant at the residence of Venkavva Patil (PW5) and Ajit Patil (PW-6) or that he had taken R with him, in spite of averments in witness statements that the factum of the appellant taking R with him had been communicated to Hanamappa (PW-4) before filing of the complaint. Reliance is also placed on the testimony of PSI S.S. Kamathagi (PW-25) who claims that he had visited the village after recording the complaint (Exhibit P-6) and made efforts without success to trace R. Our attention was drawn to the FIR (Exhibit P-22) recorded on the basis of statement made by Sanganabasappa (PW-1) in the intervening night of 31st December 2010 and 1st January 2011. The FIR mentions that Venkavva Patil (PW-5) and Ajit Patil (PW-6) had informed Sanganabasappa (PW-1) that the appellant had taken R with him, and that Sanganabasappa (PW-1) came to know of this fact only on 30th December 2010. The counsel for the appellant has argued Criminal Appeal Nos. 1473-1474 of 2017 Page 8 of 30

選擇目標文字3

連接到段落
連接到實體
取消高亮顯示
新增到目錄