Bombay High Court rejects unreliable last-seen and recovery witnesses in 2012 Kandivali murder acquittal
The Bombay High Court rejected the last-seen testimony of PW5, whose statement was recorded 15 days late and who had told nobody he saw the child with the accused, calling him a 'got up witness'. It also held it 'hazardous to rely upon' PW6, himself a suspect who learnt the accused's name from police, and discounted the body-recovery witness as a 'regular stock panch of the police' who had acted in 13 cases for Kandivali police station. The investigating officer admitted the father had already disclosed the spot where the body was found, so the recovery could not be credited to the accused's disclosure. Sources: LawTrend, Legal Republic (Lawtrend, Legalrepublic)
- The Bombay High Court rejected the last-seen testimony of PW5, whose statement was recorded 15 days late and who had told nobody he saw the child with the accused, calling him a 'got up witness'.
- It also held it 'hazardous to rely upon' PW6, himself a suspect who learnt the accused's name from police, and discounted the body-recovery witness as a 'regular stock panch of the police' who had acted in 13 cases for K
- The investigating officer admitted the father had already disclosed the spot where the body was found, so the recovery could not be credited to the accused's disclosure.