and hence, the same deserves to be discarded in toto.
All these witnesses were fully aware about the
disappearance of the child victim on 30th September,
2013, itself when the police came to the area and
started making enquiries. However, none of them
stepped forward to inform the 1st Investigating Officer
(PW-16) that they had seen the child victim and the
accused appellant together. The statements under
Section 161 of the Code of Criminal Procedure,
197316 of these witnesses were recorded by the 2nd
Investigating Officer (PW-18) as late as on 3rd
October, 2013. As per learned senior counsel, the
conduct of the witnesses, in keeping silent and their
failure in making a timely disclosure to the 1st
Investigating Officer (PW-16) about having seen the
child victim in the company of the accused appellant
on the fateful day, i.e., 30th September, 2013, and
16 Hereinafter being referred to as the ‘CrPC’.
14
Criminal Appeal No(s). 1954-1955 of 2022
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