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13. During investigation, PW-14 SI Sombir prepared site plan of the place of incident Ex.PW14/B at the instance of the complainant. He seized burnt scooty, vide seizure memo Ex.PW1/B. He seized burnt pillow, suit-salwar, one green colour printed sheet, one burqa and one mattress, vide seizure memo Ex.PW1/C. He arrested the accused Shamina, Nazreen and Shehnaz, vide arrest memos Ex.PW1/D to Ex.PW1/F respectively. He sent the complainant to Aruna Asaf Ali Hospital.

MEDICAL EXAMINATION:

FIR No. 341/2014 State vs. Shamina & Ors. Page No. 6 of 25 CONTENTIONS OF THE DEFENCE:

24. Ld. Defence Counsel contended that the evidence of the complainant is inconsistent, contradictory and vacillating. He contended that the prosecution has not examined daughter and relatives of the complainant. He contended that the complainant is an inimical witness. He contended that evidence of the complainant cannot be accepted in the absence of corroboration. He contended that the complainant had not made call at 100. He contended that scooty belonged to Aftab, husband of the accused Nazreen. He contended that burnt burqa belonged to the accused Nazreen. He contended that the complainant, in cross- examination, stated that she did not know as to how the scooty and mattresses caught fired. He contended that the complainant stated that the accused persons were not arrested in her presence. He contended that Aftab was not made an accused. He contended that PW-3 SI Mohit Kumar, In-Charge, Crime Team stated that he inspected the place of incident in mid-night of 22/23.05.2014 whereas the date and time of the incident is 23.05.2014 at 11.30 a.m. He contended that there is no investigation regarding PCR caller. He contended that there are material contradictions in the depositions of the prosecution witnesses regarding place of recording of statements and arrest of the accused persons. He contended that time of medical examination of the complainant is corresponding the time of arrest of the accused persons and the complainant cannot be at two places at the same time. He contended that the prosecution witnesses have made contradictory statements on all material aspects. He contended that the prosecution has failed to bring home the charges. He contended that the prosecution failed to prove the charges beyond reasonable doubt.

FIR No. 341/2014 State vs. Shamina & Ors. Page No. 15 of 25 Burqa in which the fire was broken out belongs to Shehnaz. (Vol. Shehnaz and her husband Aftab have been residing with me as such Burqa of Shahbaz was there.) It is wrong to suggest that Nazneen was residing in the premises. I do not know if aadhar card of Nazneen was prepared in the above said address. Aftab and Shehnaz were married on 19.02.2014. I was taken to the hospital by the police officials including two ladies police. I am not aware whether all the three ladies present in the court were arrested before I was taken to the hospital. First of all, I was taken to the PS and thereafter, I was referred to the hospital and I cannot tell definitely as to when I was taken to the hospital. I am not aware whether three accused person were arrested in my presence. I was already heart and sugar patient. I remained hospitalized for approx. three hours in the hospital. Doctor had given me the insulin. Doctor had also got ECG of mine. No other treatment was given by the doctor. It is wrong to suggest that on that day, I had not sustained any injury. I am not aware whether I had returned to my house from the hospital or first, I was taken to the PS. Scooty key was with Aftab and his sister Tabassum. Tabassum was with the accused persons on that day in the quarrel. Tabassum had not beaten me. I had not apprised the police that Tabassum was with the accused persons on that day. No fire was broken out on the bed. Police had taken the photographs of the scene of crime in my presence. The four photographs placed on record Ex.PX1 (Colly.) had taken by the police in my presence. I am not aware whether police had taken the other photographs besides the above said four photographs placed on the record. I am not aware whether I had lodged any other complaint besides this complaint against Aftab and these three accused persons. I do not know as to how the scooty caught fire. I do not know how the mattress was got fired. (Vol. All the three persons present in the Court had quarreled with me and out of one might have set the fire into the mattress). I am not aware whether Shehnaz had lodged any complaint before this complaint against me. I am not in possession of any bill of the gold chain which was allegedly snatched by Nazneen. (Vol. My mother had given the gold chain 25 years back to me as such, I am not in possession of bill of the gold chain. Nazneen had snatched my chain in the quarrel). I do not know English language. I am not aware as to who written the complaint Ex.PW1/DA on behalf of me in English language. However, the signature on the complaint Ex.PW1/DA is of mine.