Rajkhoma, J. — Accused Chakidhar Paharia has filed this appeal from jail against his conviction and sentences U/Ss. 302/201/376 I. P. C. The prosecution case in brief is that in the evening of 16. 4. 83 the accused committed rape on Purnima Tanti, a minor girl, aged about 7 years, daughter of Baloram Tanti at Tiloijan Tea Estate, under Moran Police Station and thereafter killed her and concealed the dead body in a Nalla in Sector 20 of the said Tea Estate. Charge sheet being submitted U/Ss. 3^2/201/376 of the I. P. C., the accused faced trial of the charges by pleading not guilty. Prosecution examined 9 witnesses including the Investigating Officer and the doctor who held the autopsy on the dead body of Purnima. Defence did not adduce any evidence. By the impugned judgment and order dated 22. 1. 87, learned Addl. Sessions Judge, Dibrugarh held the accused guilty on all the three counts and convicted him to suffer R. I; for life U/S 302 I. P. C., R. I. for 10 years U/S 376 I. P, C. and R. I. for 3 years U/S 201 I. P. C. with direction to run the sentences concurrently. 2. The prosecution is based mainly on the following facts and circumstances-(i) extra-judicial confession of the accused before the prosecution witnesses, P. W. 8, (ii) the victim was last seen with the accused, (iii) the accused led police to the place where the deadbody was kept concealed by him and pointed out the same, where form the deadbody was recovered, and, (iv) the medical evidence found on autopsy. 3. Learned counsel for the appellant submitted (i) that the extra-judicial confession is not reliable being a weak piece of evidence, (ii) that the First Information Report had been suppressed and the one proved as the F. I. R. is not the F, I. R. in law, (iii) that the fact of leading to discovery is not admissible in evidence, (iv) that the examination of the accused U/S 313 of the Code of Criminal Procedure was done perfunctorily, (v) that some other man was behind the murder, and (vi) that there is no cogent evidence that the girl was raped by the accused. 4. While assailing the extra judicial confession of the accused, learned counsel for the appellant has referred us to Heramba Brahma vs. State of Assam, AIR 1982 SC 1595 . 4. While assailing the extra judicial confession of the accused, learned counsel for the appellant has referred us to Heramba Brahma vs. State of Assam, AIR 1982 SC 1595 . We have taken due note of this ruling. The Supreme Court has struck a note of caution in accepting extra-judicial confession without examining the credentials of the witnesses and without ascertaining the words used and her rule that in order to afford a piece of reliable evidence the extra-judicial confession must pass the test of reproduction of exact words, the reason or motive for confession and person selection in whom confidence is reposed. In the case in hand P. W. 8, Etua Rujur, is the person before whom extra-judicial confession was made by the accused at the relevant time Etua Kujur was the Secretary of the Labour Union and, therefore, he had some sort of status among the labour community to which both the accused and the informer Baloram belonged. He has stated in his evidence that on the following day of the occurrence, in the evening, the accused came to his house and told him that he had killed the "daughter of Baloram and so the people were looking for him to assault. Then he asked the accused as to where he had kept the dead body and the accused replied that he had kept the dead body concealed in a Nalla of the Tea Garden. Hearing this he asked the accused to keep himself in hiding for the night and warned him not to move about. He stated in his cross-examination that the accused came to his house alone and confessed that he had killed the girl. From the evidence of P. W. 8' we find that the accused came to his house for shelter with a view to hiding himself and escaping assaults at the hands of the people. So, the motive as to why the accused made the extra-judicial confession is very clear. Instinct for survival prompts a man to approach another person for shelter and protection and while doing so at least for once he wishes to make clean breast of everything. So, the motive as to why the accused made the extra-judicial confession is very clear. Instinct for survival prompts a man to approach another person for shelter and protection and while doing so at least for once he wishes to make clean breast of everything. Such an instinct brought the accused to the house of P. W. 8, a Secretary of the Labour Union for getting shelter during the night to avoid public assault, and in such process he disclosed his conduct and act by making the confessional statements. P. W. 8, being a man of status amongst the labour community, his evidence cannot be discredited straight - way. Moreover, on scrutiny of his evidence, we find that he was neither inimically disposed towards the accused nor the defence could suggest anything to doubt his evidence. He is tested to be a trust worthy witness. In our opinion, the extra-judicial confession has stood the test well and the same can be safely relied upon if corroborated by other evidence. 5. Extra-judicial confession of an accused before a person on whom be bears confidence, the testimony of such person as to the con­fession, in the trial, who is found to be trustworthy and having no reason to falsely implicate the accused or manufacture false version for implicating accused, such a confession is to be accepted as voluntary and can be relied upon backed by substantive corroboration. 6. As to the second contention of the learned counsel for appellant, we find that the F.I. R., Ext-1 dated 18.4.83 was lodged by Baloram Tanti (P. W. 4) before the Investigating Officer (P. W. 9) at the place of occurrence. It was later forwarded to Moran Police Station for registering a case under section 376/302 of the I. P. C. The substance of the F. I. R. is that the informer's daughter Purnima had been missing since 16. 4. 83 and the news spread in the tea garden that accused Chakidhar Paharia had killed her after commi­tting rape on her and threw the deadbody in the Nalla of Sector 20 of that garden. The information reached the Moran Police Station. Subsequently, the accused led the police to the place where the deadbody was thrown and the same was recovered. 83 and the news spread in the tea garden that accused Chakidhar Paharia had killed her after commi­tting rape on her and threw the deadbody in the Nalla of Sector 20 of that garden. The information reached the Moran Police Station. Subsequently, the accused led the police to the place where the deadbody was thrown and the same was recovered. We had gone through the entire evidence on record and we do not find that any other F. I. R. was lodged at the Police Station earlier to the Ext. 1. Learned counsel for the appellant has referred to the evidence of P. W. 8 wherein he has stated inter alia that when he informed of the matter to the Garden Manager, after the accused made the extra-judicial confession the Manager informed the Police about it over the telephone. It might be true. But there is no evidence of reducing any such message as F. I. R. or as G. D. entry. Learned counsel for the appellant further refers to the evidence of P. W. 4 Baloram Tanti, father of the deceased Purnima, who had stated interalia that he could not trace out his missing daughter in the night of occurrence. So in the next morning he informed the Manager and on his advice, he came to Moran Police Station and informed the Police about missing of Purnima. It is not known to us whether Police made a missing entry in their General Diary. But this cannot be a substitute for the F.I. R., Ext.-l. We find no force in the submission of the learned counsel for the appellant and hold that Ext. 1 is the only F. I. R. in the case. 7. While urging before us that the prosecution evidence relating to the leading to discovery of the dead body is not reliable, the learned counsel for the appellant has referred us to Phusu Koiri vs. State of Assam, 1986 CrI. L. J. 1057(Gauhati) and has assailed the admissibility of the prosecution evidence in this regard U/S. 27 of the Evidence Act. While urging before us that the prosecution evidence relating to the leading to discovery of the dead body is not reliable, the learned counsel for the appellant has referred us to Phusu Koiri vs. State of Assam, 1986 CrI. L. J. 1057(Gauhati) and has assailed the admissibility of the prosecution evidence in this regard U/S. 27 of the Evidence Act. In the above reported case, while discussing the ambit of section 27 of the Evidence Act (1 of 1872), this Court observed as follows :- "A statement made by an accused to a Police Officer, which leads to discovery, must be recorded by the Police Officer, as far as possible, in the language of the accused, as proof of such statement, for purposes of such statement, for purpose of admissibility in evidence U/S. 27 Evidence Act. According to the language and also object of s. 27 of the Evidence Act, the statement made by an accused to a Police Officer must relate distinctly to the object discovered, and in connection therewith it can be proved conclusively if the exact state­ment or words used by the accused are proved. The mere discovery of any object would not be accepted as an evidence against the accused U/S. 27, unless the statement of the accused, which led to the discovery, is also proved." |n the light of the above observation we are going to approach the evidence on record in the case before us. Evidence of P. W. 9 Safiqul Islam Bora, the Investigating Officer of the case is relevant. He was informed on 18.4.83 by Sri Gohain, Assistant Manager of Tiloijan Tea Estate that the dead body of a girl was found. So, he came to the garden and met Etus Kujur (P. W. 8), the Manag r, the Assistant Manager (P. W, 5) and the accused, On interrogation the accused confessed his guilt and led them to show the dead-body of the girl which he kept concealed after killing. The accused showed them the deadbody of the girl in a drain of Sector No. 20 of the Tiloijan Tea Estate. The entire evidence of this witnesses goes unrebutted. However, we have perused the statement of the accused recorded by the Investigating Officer in the case diary to find an assurance to what has been stated by P. W. 9 before the Court. The entire evidence of this witnesses goes unrebutted. However, we have perused the statement of the accused recorded by the Investigating Officer in the case diary to find an assurance to what has been stated by P. W. 9 before the Court. While confessing the commission of the crime during interro­gation ( which is inadmissible in evidence) the accused expressed that he would show the place of concealment of the deadbody and then led police and public to that place and pointed out the deadbody of Parnima inside a drain. His statement before police and the recovery of the deadbody were admissible under section 27 of the Evidence Act and it was a strong link in the chain of circumstances of the case. Thus we find an assurance in the state­ment of the accused made before the police, leading to the discovery of the deadbody. Some people might have noticed the deadbody in that place as evident in the statement of P. W. 9. But, it is not fatal as regards the accused leading the police to the place and showing the dead body to the police. The other witnesses P. Ws. 4 to 8 deposed that in their presence the accused had disclosed to police about the fact of concealment of the deadbody in a nullah and then led police and others to that place and showed the deadbody. For the first time the accused led the police to the place where the dsadbody was kept and the police saw the dead-body for the first time as pointed out by the accused. So, the evidence of P. W. 9 corroborated by other witnesses P. Ws. 4 to 8 on the fact of leading to the discovery of the dead body, had proved that fact and it was a vital link to the extra-judicial confession of the accused. 8. Where the statement of an accused before police is clean as to his commission of crime with assurance to produce or point out the deadbody or articles concerned in the crime and the same is discovered being led by the accused, and such statement with his act of discovery being proved by reliable witnesses, the discovery of dead body or article becomes a strong circumstances towards his guilt. 9. As to the contention of the learned counsel for the appellant on point of examination of the accused under section 313 Cr. 9. As to the contention of the learned counsel for the appellant on point of examination of the accused under section 313 Cr. P-C. perfunctorily we have perused the statements of the accused recorded U/S 313, which are in the nature of question and answer, and we find that all the materials appearing against the accused in evidence have been brought to his notice and he replied in the negative, we are satisfied that the learned Addl. Sessions Judge has correctly examined the accused as per provision of section 313 of the Cr.P.C. when the questions are put by the trial Court, to the accused cov­ering the material circumstances appearing against him in evidence and sufficient to enable explanations, then the examination U/S. 313 must be accepted to be complete. 10. Learned counsel for the appellant submits that there is no cogent evidence to show that the accused had committed rape on the victim. Our attention is drawn to the evidence of P.W.3, who held the autopsy over the dead body. Blood , discharge through vagina was present, with laceration 4 cm. in the posterior vaginal wall. Multiple bruises with nail mark abrasions were present in the front and sides of the neck region, abrasions on the right wrist and right knee joint were seen. The doctor opined that the death was due to asphyxia as a result of throttling / strangulation and , that rape followed the manual strangulation. Non-detection of spermatozoa on vaginal swab examination was not sufficient to negate penetration of the penis. The vaginal region including the vulva and hymen were wholly undeveloped as she was aged 7 or 8 years. Discharge of blood through vagina and the injuries on the posterior wall indicated penetration and the act committed was rape. It was in the evidence of P.W. 6 Kajal Das that the accused while confessing publicly also stated that he committed rape on the girl for which she raised hue and cry and then he pressed her neck by hands. We are convinced from the medical evidence that in the process of committing rape on the minor girl, the assailment strangulated her with hand and caused the death. Rape was followed by death with strangulation causing asphyxia. We are convinced from the medical evidence that in the process of committing rape on the minor girl, the assailment strangulated her with hand and caused the death. Rape was followed by death with strangulation causing asphyxia. The injuries over wrist and knee indicate that the mirror girl tried to resist to her capability, but the assailant was a strong full grown man aged about 30 years. 11. It is found from the evidence of P.W. 2 Srimati Tripura Nagand P.W. 4 Sri Baloram (father of deceased) that deceased Purnima was last seen with accused Chakidhar in the evening of day of occurrence. Accused took her away with the temptation of sweets and Baloram could net suspect of any ill motive of the accused as the girl was very minor and he being known man of the locality. When the girl did not return for a long time in that night, Baloram informed P. W. 5 Lohit Borgohaia that his daughter had gone with accused Chakidhar but was missing. Baloram met accused Chakidhar at about mid-night while the later was coming from the line-side and on querry the accused said that he knew nothing about the girl. The evidence of P. W. 2, P. W. 4 and P. W. 5 can not be suspected on these facts. The girl accompanied the accused said that he knew nothing about the girl such conduct of the accused was a strong circumstances to corroborate his extra-judicial confession and leading to the discovery of the dead body. 12. The proved circumstances in the case have established that in the evening of 16.4.83 accused Chakidhar Paharia took the minor girl Purnima Tanti, aged about 7 or 8 years, with him, committed rape on her, killed her by throttling with hands and threw the deed body into a Nulla (drain). The accused made extra-judicial confession and pointed out the dead body at the place of concealment. Each of the circumstances had been proved beyond reasonable doubt without missing link. The proved circumstances in the case, discussed above, taken collectively had formed a complete chain to prove unerringly (sic) that the crime of rape, murder and .concealment of evidence of the these crimes had been committed by accused Chakidhar Paharia. 13. Learned counsel for the appellant submits that someone else had killed the girl and the accused had been falsely impli­cated. 13. Learned counsel for the appellant submits that someone else had killed the girl and the accused had been falsely impli­cated. This submission is not backed by any iota of evidence. The find that very piece of evidence linked together leads to the only conclusion that it was the accused and none else who had killed the girl after committing rape on her. 14. In a case based on circumstantial evidence, each of the circum­stances must be independently proved and the proved circumstances taken collectively should form such a complete chain that there be no escape from conclusion within all the crime was committed by the accused and none else. This is the well settled principle of law. 15. Learned Addl. Sessions Judge had rightly convicted the accused-appellant for the charges. This appeal has no force. We find nothing to interfere with the order of conviction and sentences on the accused-appellant. The appeal is dismissed. 16. Send down the case records. S. Haque, J. — I agree.