that Venkavva Patil (PW-5) and Ajit Patil (PW-6) did not name the
appellant though R was missing from 6:30 p.m. onwards on 28th
December 2010, and the first mention of the appellant’s
involvement surfaces only in the FIR dated 1st January 2011.
Therefore, the evidence of ‘last seen’ propounded and based on
depositions by Venkavva Patil (PW-5) and Ajit Patil (PW-6) is
shaky and doubtful.
10.
Khanapur is a small village, secluded and away from urban areas
or other habitations, which is apparent from the fact that the
closest police station is located about nineteen kilometres away.
Hanamappa (PW-4) who had made the police complaint (Exhibit
P-6) on 29th December 2010, and his neighbours Venkavva Patil
(PW-5) and Ajit Patil (PW-6) are village dwellers and simple
people. Village communities are close-knit, and given the
camaraderie, faith and trust amongst the known villagers,
Hanamappa (PW-4), Venkavva Patil (PW-5) and Ajit Patil (PW-6)
may not have initially suspected the appellant’s foul play in
disappearance of R. The complaint (Exhibit P-6) is short and brief;
while mentioning that R was missing, it does not record that she
may have been raped and killed by someone. This is also evident
from Hanamappa’s (PW-4) cross-examination wherein he has
stated that at the time of filing of the complaint, he did not know
Criminal Appeal Nos. 1473-1474 of 2017
Page 9 of 30
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