names from the child appeared to
be quite unnatural. The explanation that her mother had
warned her not to disclose the names lest ... Even the corroborative evidence adduced, was of very
doubtful character. No reasonable explanation was given by
the prosecution of how blood came on the quilt
crime was committed by the accused
and they should be incapable of explanation on any hypothesis other
than that of the guilt of the accused ... corresponding burden on the inmates of
the house to give a cogent explanation as to how the crime was
committed. The inmates of the house
police or the sarpanch of the village regarding the occurrence.
The explanation given by him for not doing so was that the
prosecutrix had herself ... lodging the
report for which the prosecutrix had herself offered an explanation
which was corroborated by the recitals in the first information
report
alleged eye-witnesses by the investigating officer, and no
credible explanation of these delays was forthcoming.
Although these witnesses were or could be available ... that hour of the night.
The Trial
101
Judge rejected this explanation, and we think rightly.
Santukbai herself had knocked the bottom out of these
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24
absence of explanation or a false
explanation did hold that it will
amount ... light of what this Court said
earlier, viz., before a false
explanation can be used as
additional link, the following
essential conditions must be
satisfied
effort was made by the Investigating
Officer nor is there any explanation for his failure to
ascertain from the alleged eye witness the sequence ... evening on that date.
27. There can be only two explanations for this kind of a
situation. One could be, that the Investigating Officer
failure of the accused persons to offer any
explanation in respect of the incriminating
circumstances as narrated above, which,
according to prosecution, can be counted ... last seen
theory was established. In the absence of any satisfactory
explanation the presumption would suggest the guilt of the
accused. On the basis
they have given
the true version of the occurrence;
(ii) non-explanation of the injuries on the accused (Mathan alias
Manmath) by the prosecution ... explain injuries on accused vary from
case to case. Whereas non-explanation of injuries suffered by the accused
probabilises the defence version that the prosecution
prosecution to do so the prosecution case should be
disbelieved. Before non-explanation of the injuries on the persons of the
accused persons ... have been caused at the time of the occurrence in
question. Non-explanation of injuries assumes greater significance when the
evidence consists of interested
card had been recovered. PW-31 did not
offer any explanation as to why the disclosure was made on the way in the
police vehicle ... given at different stages of
investigation. Counsel urged that there was no explanation as to why PW-31 IO
10
does not reveal either
