pointed a finger of suspicion towards the accused
appellant. Thus, the very foundation for arresting the
appellant in this case is lacking. The witness (PW-18)
also
collected
forensic
samples
and
recovered
allegedly incriminating materials in furtherance of
the information provided by the accused appellant.
He claims to have recovered a lungi, a baniyan, a pair
of shoes and the watchman uniform worn by the
accused appellant from his room. These recoveries
were effected on 8th October, 2013.
68. Both the Investigating Officers had made
extensive investigation in the entire area and this
definitely would have included the search of the room
of the accused appellant. At this stage, it is pertinent
to note that Vikas Sarjerao Lokre (PW-16) admitted
in his cross-examination that he had visited the
watchmen chawl on 1st October 2013. Hence, if at all,
these articles were lying in the room of the accused
61
Criminal Appeal No(s). 1954-1955 of 2022
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