JUDGMENT 1. - Topan Das - convict for life imprisonment for commission of rape and murder of a girl aged 5 years - has preferred this criminal appeal against judgment dated the 20th November, 1991 of the Additional Sessions Judge, Kishangarh Bas (Alwar) whereby he was convicted and sentenced as under:- under Section 363, Indian Penal Code Two years R.I. with a fine of Rs. 500/- (in default, further RI for 1 year in under Section 376, Indian Penal Code Ten years R.I. with a fine of Rs. 100/- under Section 302, Indian Penal Code R.I. for life; with a fine of Rs. 50/- All the substantive sentences were ordered to run concurrently. 2. A written report was lodged by Gurmeet Singh on 1.6.1990 which was registered as F.I.R. No. 73/90 at police station Khairthal, at 10.30 O' clock in the morning. It had been averred in the report (Ex.P. 1) that on the occassion of marriage of his cousin, brother, Tara Singh scheduled to 1.6.1990, some relative guests had come on 31.5.90; out of them one Topan Das of Ludhiana, alongwith three others, had also come to sing songs and they sung songs and played at the drums whole day, and that apart, Topan Das taking his daughter, Rajendra Kaur, in his arms and embracing her, was dancing. During the course of dancing, Topan Das was embracing Rajendra Kaur time and again at intervals and he continued to do so upto 8 O' clock in the night. However, the informant is said to have remaind busy in attending other guests of marriage functions. It had also been alleged in the report that when his wife, started searching his daughter, Rajendra Kaur, she was not found here and there, but, Phamman Singh and Santokh Singh gave out that Rajendra Kaur was then being taken in arms by Topan Das Singer who subsequently disappeared alongwith the girl, from there. It had also been alleged in the report that when his wife, started searching his daughter, Rajendra Kaur, she was not found here and there, but, Phamman Singh and Santokh Singh gave out that Rajendra Kaur was then being taken in arms by Topan Das Singer who subsequently disappeared alongwith the girl, from there. Therefore, with the aid of torch-lights, they started to see the traces and went on parallel the traces which came to end, after the boundary of five-seven fields, and when they reached near the field of Gurmeet Singh Butta Singh on the way near to it, blood stains were found on the earth where also the traces of a person sitting there were seen, and thereupon, they further went on parallel the traces ahead and at some distances ahead, an underwear of Rajendra Kaur was seen lying on the earth but the traces were not ending and further traces were seen ahead, going on upto the field of Ishwar Singh through the road. It had also been alleged in the report that whole night, search of Rajendra Kaur was made but she was not found; that in the morning they had some apprehension that the traces of the person would have also gone upto the well and the girl could have been killed and thrown thereafter in the well; that upon such apprehension, Dayal Singh was got descended in the new well, alongwith another person, and in the water, dead body of Rajendra Kaur was seen inside the well and she was taken out of the well as dead having teeth bite scratches of a man on both the cheeks. Then it had been alleged in the report, that Topan had thrown Rajendra Kaur after killing her, into the well. It had also been alleged in the report that the informant had animosity with Balbir Singh and Kripal Singh on account of some squabble took place earlier when they had threatened him of dire consequences, therefore, he apprehended that they had got killed his daughter in collusion with Topan Das. It had also been alleged that since night the informant alongwith others had been searching Rajendra Kaur and after their constant search, when they found dead body of his daughter in the well, then he had come to lodge the report. The ascribe of the report (Ex.P. 1) is stated to be Rajveer Singh. 3. It had also been alleged that since night the informant alongwith others had been searching Rajendra Kaur and after their constant search, when they found dead body of his daughter in the well, then he had come to lodge the report. The ascribe of the report (Ex.P. 1) is stated to be Rajveer Singh. 3. After registration of criminal case and chalking out F.I.R. No. 73/90 (Ex.P. 7), the investigation commence. Post mortem examination of Rajendra Kaur (deceased) was conducted vide report (Ex.P. 15). The following injuries were found on the person of the deceased - (1) Abrasion, 3 cm. x 1/2 cm in size on dorsum of left hand just below index finger. (2) Two circular bruises are present on both cheek is 3 cm in diameter and 1/2 cm wide Teeth marks present on left cheek just close to left angle of mouth. (3) Abrasion 1 cm x 1 cm on outer aspect of left knee. (4) Abrasion 3 cm x 2 cm on middle of left half of back. (5) Multiple abrasions, all linear, vertical and each 3 cm in length, parallel to each other. Seven in number on left buttock. In col. 7 External organs of generation, the doctor Stated in the post mortem report as under:- "Dried blood is present over labia majora and lunar aspect of thigh. There is antemortem bruising of both labia majora. Hymen is having lacerations posteriorly on both sides each Laceration is 1.5 cm. x 1 cm. Posterior commisure is lacerated and laceration is 2 cm x 1 cm x 1 cm in size. Left labia minor is having laceration of 1 cm x 0.5 cm x 0.5 cm size, horizontal. In col. 8, Additional Remarks, it has been stated as under:- "Scraping from labia majora and thigs and vaginal swab preserved and forwarded to Chemical examiner. Posterior commisure is lacerated and laceration is 2 cm x 1 cm x 1 cm in size. Left labia minor is having laceration of 1 cm x 0.5 cm x 0.5 cm size, horizontal. In col. 8, Additional Remarks, it has been stated as under:- "Scraping from labia majora and thigs and vaginal swab preserved and forwarded to Chemical examiner. According to the post mortem report (Ex.P. 15), larynx, Trachea and Bronchi, contain fine white froth, and their mucous membranes were congested; both, right and left lungs were edematous, spongy, pit on pressure, pale grey in colour, on cutting exudes frothy blood stained fluid; right chambers of heart were full of blood and left chambers were empty; large veins were enlarged with dark blood; tongue was swollen and present within teeth; mucuous membrane of buccal cavity was congested; pharynx contained little water and mucus membrane was congested; in oesophagus and stomach, mucuous membrane was congested and contained waterly fluid, in small intestines and its contents, mucuous membrane was congested and contained partly digested food material; in large intestines and its contents, mucuous membrane was congested and contained foul smelling gases and faecal material; liver was dark and congested and on section, it exuded dark fluid blood, however, gall bladder was healthy; spleen and kidneys were dark and congested; bladder was empty, mucuous membrane was congested; in organs of generation mucuous membrane of uterus was congested. 4. In the opinion of the doctor, the cause of death was asphxiya due to drowning and deceased was raped before death; and lime since death was stated as 12-24 hours before post mortem examination which was conducted on 1.6.1990 at 4 p.m. at site village Ramnagar. The appellant, Topan Das was arrested on 2.6.1990 at 7.45 p.m. He was medically examined on 4.6.1990 at 9.45 a.m. vide Ex.P. 11. 5. Site was inspected and the site plan was prepared. Blood stained soil besides simple soil were recovered. Underwear of the deceased was recovered and its places of recovery was shown in the site plan. Frock which the deceased was wearing and which was found on the person of the deceased during her post mortem examination, was recovered. A phylactery/(Tabeez) which was worn by the deceased in her neck was recovered on the information given by the appellant and at his instance. Its identification was got done in the presence of the Magistrate. 6. Frock which the deceased was wearing and which was found on the person of the deceased during her post mortem examination, was recovered. A phylactery/(Tabeez) which was worn by the deceased in her neck was recovered on the information given by the appellant and at his instance. Its identification was got done in the presence of the Magistrate. 6. After completion of usual investigation, challan was filed against the appellant and after committal proceedings, the appellant was charged with offences punishable under Section 363, 376 and 302, Indian Penal Code and tried. During trial, 21 witnesses were produced by the prosecution. The appellant was examined under Section 313, Criminal Procedure Code. He examined one defence witness, Bhanu (DW 1). In his statement under Section 313, Criminal Procedure Code explanation of the appellant was that he was falsely arrested; he never got recovered any Tabeej at his information and instance; the witnesses had given false evidence; and that, he was arrested in Ramnagar where he had gone alongwith singers; that the village people had also caught Dalveer Singh for this offence but subsequently he set at free on account of fellow caste of Rai Sikh of their village and in order to escape him, he had been falsely implicated. 7. The trial court on weighing the evidence of last seen consisting of statement of PWs 13 and 15 - Phuman Singh and Sanlokh Singh-medical evidence, and recovery evidence, held that the charges of commission of rape and murder besides, abduction, of the deceased-minor girl of 5 years-have been proved against the accused appellant. Thus, the trial Court accepted the prosecution case and refused to rely on the defence. It convicted the accused appellant under Sections, 363, 376 and 302, Indian Penal Code, and sentenced him as indicated in first para of this judgment. Hence this appeal. 8. Thus, the trial Court accepted the prosecution case and refused to rely on the defence. It convicted the accused appellant under Sections, 363, 376 and 302, Indian Penal Code, and sentenced him as indicated in first para of this judgment. Hence this appeal. 8. Learned counsel for the appellant has contended that the following circumstances have not been accorded due weight by the trial Judge:- (1) though the cloths of the accused were sent alongwith swab and blood stained earth, frock of the deceased and scraping from thighs and labia majora of the deceased, to the Chemical and Serologist Department of Forensic Science Laboratory for chemical examination, but no report thereof has been produced by the prosecution; (2) during medical examination of the accused, no injury or blood or semen stain on thigh or penis was found, as would be evident from Ex.P. 11; (3) the place of arrest of the accused is doubtful in view of different version of the prosecution witnesses produced in this regard, including PW 21's; (4) there was a delay in lodging the F.I.R.; (5) the evidence of last seen adduced by the prosecution, in view of the inconsistencies in the version given out by the witnesses before the trial Court, cannot be held to be the sole basis of conviction; (6) the evidence of PWs 13 and 15 lacks of proper corroboration from the evidence of Manjit Kaur (PW 2) and Smt. Maya (PW 3); (7) the evidence of PWs 13 and 15 is not worthy of credence because they have been introduced purposely by Dalveer Singh and Kripal Singh so as to get rid of themselves the crime, who were initially apprehended as perpetrator in the F.I.R., itself, by the informant; (8) the investigation officer did not lake photographs of foot prints traces and the prosecution has failed to prove the story of search on the basis of the traces alleged to have been seen in the night hours with the aid of torch lights, thereby the evidence of the prosecution witnesses who stated the aforesaid story as to the traces, is worthy of incredible and unreliable. (9) there is no evidence that the accused absconded himself, but the trial Court has unwarrantedly relied on this circumstance of post crime conduct of the accused. 9. (9) there is no evidence that the accused absconded himself, but the trial Court has unwarrantedly relied on this circumstance of post crime conduct of the accused. 9. Shri R.K. Mathur, learned Advocate on behalf of the appellant placed much reliance on the decisions Rahim Beg v. State of U.P. (AIR 1973 SC p. 343) Sharad Birdhichand Sarda v. State of Maharashtra (1984 Cr.L.R. SC, p. 296) Padam Singh v. State of Rajasthan (1982 RLW p. 469) Gopal and Sukhpal v. State of Rajasthan (1989 R.Cr.C. p. 125) Jaharlal Das v. State of Orissa (1991(3) SCC p. 27) in support of the contention urged by him. 10. Learned Public Prosecutor merely supported the finding arrived at by the trial court and urged that in the presence of other circumstances established by the prosecution evidence which being satisfactory and adequate, the circumstances pointed out by the learned counsel for the appellant do not detract from the merits of the evidence relied on by the trial Court which has been considered to be beyond reproach. 11. We have given our anxious consideration to the submissions urged by the learned counsel for the appellant. At the very threshold, we will like to mention the findings of the trial court whereby it found the following facts and circumstances undisputedly proved on record : On 31.5.1990, in village Ram Nagar the accused Topan Das had come alongwith team of drummers on the occasions of marriage; he participated in the marriage functions; during the course of drumming, many a persons gathered there, including relatives, then the accused was lifting Kumari Rajendra Kaur for being in his arms and sat her at his shoulder and at that time, was dancing in various styles; as soon as the dancing was closed, Mst. Manjit Kaur and her sister, Maya Devi alongwith Rajendra Kaur went along to defecate in out-skirl of the village; Rajendra Kaur was got sat to defecate there and thereafter they went ahead leaving Rajendra Kaur there in defecating state; and similarly the testimony of Phuman Singh and Santokh Singh is that when they were coming back after latrine then the accused Topan Das met him having Rajendra Kaur in his arms and he was asked as to whether the girl was being taken to somewhere, thereupon the accused told that she was being taken to get herself eased. On the basis of the aforesaid facts and circumstances duly undisputed and established by material on record, the contention urged by the learned counsel for the accused as to the contradictions, is delusive, and, therefore, it concluded that there were no inconsistence or contradictions in their testimony because, when Manjit Kaur and her sister Mayadevi had gone to jungle then in that situation, Rajendra Kaur was sitting at the out-skirl of the village-that has been stated by them-and the site plan of out-skirt of the village was prepared vide Ex.P. 13 and P. 16 wherein at the places marked/shown as X and A, it has been shown, the accused Topan Das was going along having Mst. Rajendra Kaur in his arms while the witnesses Phuman Singh and Santokh Singh were coming back after latrine. Faking the aid of these proved facts, the trial Court holding the testimony of these two witnesses as to the last seen as trustworthy concluded that the accused was lastly seen just prior to the occurrence with the deceased by the witnesses and such a circumstantial evidence was worthy of acceptance and irreproachable. In our opinion having regard to the evidence of PWs 13 and 15 which has been considered worthy of acceptance and irreproachable and the evidence of the doctor duly corroborated by post mortem report, and further the evidence regarding disappearance of the accused from the marriage function wherein he had come to play the drums and to sing the songs alongwith other relatives, which lent further assurance to the prosecution case, the circumstances pointed out by the learned counsel for the appellant can be of little avail to the defence. Nothing has been elicited in the evidence of the aforesaid two witnesses to cast any doubt on the veracity of their testimony. Undisputedly these two witnesses are. not in relation to the informant nor to the persons, Balveer Singh and Pripal Singh, named by the defence. Nothing has been elicited to infer their interestedness either in the informant or in the two named persons with whom also the accused has not alleged any animosity. On the contrary, there is material on record to infer that the informant had run animosity with the afore named two persons. Nothing has been elicited to infer their interestedness either in the informant or in the two named persons with whom also the accused has not alleged any animosity. On the contrary, there is material on record to infer that the informant had run animosity with the afore named two persons. Therefore, even if the contention of the appellant that the accused has been foisted purposely by the afore named two persons, is accepted at its face value, it is inconceivable that the informant would take or run high risk to introduce the persons as witnesses who were interested in the persons of his inimical terms because in that situation, the chances of their hostility were high. 12. During the course of arguments, we find that the cause of death of the deceased as opined by the doctor in his statement so also in the autopsy report (Ex.P. 15)-thus proved on record-has not been disputed, nor the conclusions drawn by the trial court have been challenged, nor any explanation whatsoever has been put forth by the defence disputing the nature of the death of the deceased, nor it has been urged that the death was accidental or otherwise. Thus, it is not in dispute, rather it is proved on record that the death of the deceased was homicidal by asphxiya due to drowning and she was raped before death. 13. Let us first look at the decisions cited by Shri Mathur on behalf of the defence. 14. In Padam Singh v. State of Rajasthan (1982 RLW p. 469) , Padam Singh denying the prosecution allegations, specifically pleaded that there was a quarrel between him and Narendra Kumar on February 17,1981, at about noon lime and that Narendra Kumar had given him beating, and his defence witness Paman Das testified to a quarrel as pleaded by the accused, by staling in his statement that after Padam Singh had suffered bleeding lips as a result of quarrel upstairs he came down to his shop, and sat down on a Mudha lying there; and that Narendra Kumar arrived there and took the appellant away after a short while. In that case, only a child witness aged 31/2 years upon/with whom the accused had allegedly committed rape, had been produced and whose evidence after considering the facts and circumstances brought on record, was held to be not worthy of acceptance, by holding her not competent witness as she was unable to understand the questions and give rational replies. In that case the only fact which has been found proved beyond reasonable doubt by the evidence on record was that Kanchan was heard crying by Narendra Kumar, that on going upstairs Narendra Kumar found her bleeding from the vagina and that the child pointed to the appellant as the culprit who had misbehaved with her; and further established on record that the appellant was present there at that time. In that case, no mark of external injury on penis was found as corroborated by the medical evidence but, it has been held proved that Kanchan was bleeding from the vagina. 15. In Padam Singhs case, the appellant was medically examined on the very day of occurrence, i.e. 17.2.1981, but in the case at hand, the appellant Topan Das has been examined on 4.6.1990 i.e. after three and half days from 31.5.1990. In that case, there was lack of other circumstantial evidence also, but in the case at hand, there is evidence worthy of acceptance and irreproachable, as held by the lower court and by us. 16. In Gopal alias Sukhpal v. State of Rajasthan (1989 Raj. Cr. Cases p. 125) also, there were incongruity in expert opinion so also expert evidence because, fool marks and its data on which the expert based his conclusion or opinion were not specified which in the opinion of the Court were necessarily to be specified, and, therefore, opinion or conclusions not based on any data were held to be no opinion and thereby not conclusive to base conviction. In that case, this Court (DB) held that the expert evidence is only an opinion and it is not conclusive, and the main piece of circumstantial evidence on which the conviction had been made was the evidence of the foot-prints. A peculiar feature of that case was that not only there was absence of marks, signs or injuries on male genital organ, but also there were no marks of injuries on the person of the prosecutrix of tender age. A peculiar feature of that case was that not only there was absence of marks, signs or injuries on male genital organ, but also there were no marks of injuries on the person of the prosecutrix of tender age. But, in the instant case there are different facts than those in the cases cited (supra). Therefore, the decision in Gopals case (supra) does not render any help to the defence. 17. In Rahim Beg v. State of U.P. (AIR, 1973 SC p. 343) there was different set of circumstances than the present case and there was lack of evidence conclusively to prove guilt of the accused therein. In that case, ibid, the incident had allegedly taken place on August 4, 1969 at about 10.30 a.m. and the accused were arrested and medically examined on August 5, 1969, but no injury was detected by the doctor on the male organ of any of the two accused and on that account, their Lordships of the Supreme Court observed that the absence of such injuries on the male organs of the accused would thus point to their innocence. 18. In Rahim Beg v. State of U.R (supra) , the High Court concurring with the trial Court, relied upon the evidence of Ghai PW that he had seen the two accused following Kesh Kali deceased on the day of occurrence; further relied upon the evidence of Mohd. Nasim Khan PW that the two accused had made an extrajudicial confession before the witness. The third circumstance relied upon by the High Court was the recovery of ornaments belonging to the deceased from the houses of the accused in pursuance of the disclosure statements, lastly reliance was placed upon the fact that the Lungot of Rahim Beg had stain of human semen and the bush shirt of Mahadev accused was stained with human blood. 19. In that case, supra, the first piece of evidence regarding complicity of the two accused therein was that of Parmeshwar Dayal but since there was no reference to Parmeshwar Dayal in the first information report, their Lordships of the Supreme Court held that, "Had something relating to Kesh Kali transpired in the presence of Parmeshwar Dayal on the morning of the day of occurrence and had Parmeshwar Dayal mentioned about it to Ramjas, the same fact must have found a prominent mention in the first information report. The fact that there was no reference to Parmeshwar Dayal in the first information report shows that no much weight can be attached to the evidence of Parmeshwar Dayal. Parmeshwar Dayal indeed is given a lie by Ramjas PW whose evidence shows that excepting Ghasi none else had told him about his having seen Rahim Beg and Mahadev accused following Kesh Kali." 20. In Rahim Beg v. State of U.P. (supra) , second piece of evidence was that of Ghasi (PW 2) and his evidence was held not reliable because, Ghasi had confronted with his previous statement, and according to him, admittedly, one Bub Lal was also present at the time of incident but Bublal had not been examined as a witness. The evidence of extra judicial confession holding it to be a weak evidence, was held and found to be of a frail nature lacking in probability as it did not inspire confidence in view of the corroboration in the evidence of the witnesses, as discussed therein. But, in the instant case, as already stated above, since we find and affirm the conclusions of the trial court, the evidence of last seen so also the circumstantial evidence besides medical evidence, as conclusive, worthy of acceptance and irreproachable, the decision in Rahim Beg v. State of U.P. (supra) cited by Shri Mathur also does not render any help to the defence to throw the conclusive evidence of guilt against the accused established on record, out of the court. 21. Here we may also derive some of the enlightments from the observations made in State of Maharashtra v. Chandra Prakash Kewalchand Jain (1990(1) SCC p. 55) and Prithichand v. State of H.P. (1989 SCC (Cr.) p. 206) . In first case, ibid, although the clothes of prosecutrix found to be stained with human blood and semen, semen group tallied with that of the accused as per the Chemical Examiners report, but not only there was absence of semen or spermatozoa in vaginal smear and slides, which the doctor has taken about 24 hours after the incident, but also, there was absence of smegma around the glans penis and frenum tortuous and edematous, their Lordships of the Apex Court held such absence of material not fatal. In that case, the doctor had the vaginal smear and the slides almost after 24 hours, and the doctor had stated that spermato could be found if the woman was examined within 12 hours after intercourse, thereafter they might be found between 48 to 72 hours but in dead form, and the prosecutrix might have washed herself by then. In these circumstances, it has been held that absence of spermatozoa cannot discredit her evidence. 22. In second case (supra), the rape was committed on minor girl (aged 11 years) who was profusely bleeding; leave on which blood was wiped and swab, found from the place of occurrence alongwith blood-stained salwar, were sent to chemical analyser and serologist and according to the report, no spermatozoa was found on the materials sent for examination, their Lordships of the Supreme Court held that mere absence of spermatozoa cannot cast a doubt on correctness of prosecution case. 23. Of course, in both the cases referred to above, there was chemical Analysers report in negative raising suspicion and drawing adverse inference, but their Lordships consistently held absence of spermatozoa and semen, or absence of smegma around the glans penis and frenum tortuous and edamatous as not fatal to the prosecution case. Be that as it may, in the instant case, in the absence of chemical examiners report, the only inference which can be drawn in that there was absence of spermatozoa, semen, blood on the clothes, and absence of smegma around the glans penis etc. But that by itself is not sufficient to discredit the prosecution evidence in its entirety, and cannot cast doubt on the creditworthiness of the prosecution. Therefore, non-committal opinion of the chemical examiner cannot be said to run counter to the evidence of the prosecution, in view of peculiar facts and circumstances of the present case, namely that the accused was examined after complete 3 and half of day and night of the incident, therefore, the chances of find of smegma around the glans penis etc. were nil; that, firstly the rape was committed and then the girl (deceased) was drowned in the well and the doctor had taken about 18 hours after the incident, vaginal swab/smear and slides etc., therefore, the possibility of find of spermatozoa was rare because of the deceased being remained drown in water for complete 12 hours, also. 24. were nil; that, firstly the rape was committed and then the girl (deceased) was drowned in the well and the doctor had taken about 18 hours after the incident, vaginal swab/smear and slides etc., therefore, the possibility of find of spermatozoa was rare because of the deceased being remained drown in water for complete 12 hours, also. 24. That apart, no hard and fast rule can be laid down as regard the value to be attached to the report of the chemical examiner. The chemical examiner does not as a rule, give an opinion as to the cause of death but merely gives report of the chemical examination of the substance sent to him. The report by itself is not crucial. It is a piece of evidence. But, having benefited by the enlightments derived from the decisions referred to above by us in preceding para, in our view, the absence of spermatozoa or injury or smegma on or around the genital part of the accused which can be inferred in the absence of chemical examiners report, is not fatal to the prosecution and cannot cast doubts on the credit-worthing of the prosecution evidence nor can be said to run counter to the evidence on record conclusively establishing guilt of the accused. 25. As regards the circumstances with regard to the delay in lodging the F.I.R., we do not think so. It is well settled that the delay in lodging the FIR by itself cannot be a ground to doubt the prosecution case. At times, being grief-sticken because of the calamity, (in the instant case, the girl was found missing all of sudden, therefore, first she was searched thoroughly with the help of neighbouring persons, and only after her search finding her dead being drown in the well, then the matter was reported), it may not immediately occur to them that they should give a report. After all it is but natural in these circumstances for them to tame some to go to the police station for giving the report. The report lodged gives out satisfactory details for the delay also. Therefore, we are unable to say that there was inordinate and unexplained delay. 26. The doctor (PW 12) examined the appellant. He found him to be well nourished and well developed for his age, and the scrotum and penis were well developed. The report lodged gives out satisfactory details for the delay also. Therefore, we are unable to say that there was inordinate and unexplained delay. 26. The doctor (PW 12) examined the appellant. He found him to be well nourished and well developed for his age, and the scrotum and penis were well developed. He was found to be potent and capable of doing sexual intercourse. Dr. Dhanesh Sharma (PW 14) who conducted autopsy on the person of the deceased, in his court statement, during cross-examination deposed that he found penetration upto hymen of the deceased and it was not necessary that because of such penetration, the man should sustain any injury on his penis glans or prepuce. The appellant, a robust man must have penetrated the vagina for otherwise there would not have been so much bleeding and absence of hymen with the edges torn. The medical evidence fully establishes that the deceased was murdered and was also victim of rape after kidnapping her. 27. With regard to the circumstances as to the foot-prints traces, the learned trial court has considered this aspect of the matter and given cogent grounds to hold that this circumstance does not render any help to the defence and run counter to the trustworthy prosecution evidence. We agree with the trial court. In our view also, absence of foot prints traces in the presence of other credible evidence on record, is not fatal and does not render the prosecution evidence as unworthy of acceptance. 28. With regard to the third circumstance as to the alleged doubtful place of arrest of the accused, this circumstantial evidence has not been taken into consideration in order to support the finding of guilt. If this evidence had been accepted it would have provided further corroboration. Since however, the other evidence is satisfactory and adequate, this circumstance does not detract from the merits of the evidence on record which has been considered to be beyond reproach. 29. In Jaharlal Das v. State of Orissa (1991(3) SCC p. 27) , the important and crucial circumstance heavily relied upon by the prosecution was the alleged recovery of the dead body of the deceased on showing of the accused and the accused pointed the piece where the body of the deceased was lying. 29. In Jaharlal Das v. State of Orissa (1991(3) SCC p. 27) , the important and crucial circumstance heavily relied upon by the prosecution was the alleged recovery of the dead body of the deceased on showing of the accused and the accused pointed the piece where the body of the deceased was lying. There was incongruities in the evidence of the recovery of the deceased at the disclosure of the accused, as also non-disclosure of some material circumstances in the inquest report, non-preparation of the inquest memo etc. In that case, there was explanation of the accused to the sending of the girl back to the village in a truck and the same was held to be plausible, But, in the case at hand, there are secular facts and circumstances established on record, as discussed above. In the case cited by Shri Mathur, the accused was acquitted because, the crucial circumstances that the accused showed the dead body, was held to be not established and in that view of the matter, their Lordships observed "when such a main link goes, the chain gets snapped and the other circumstances cannot in any manner establish the guilt of the accused beyond all reasonable doubts. In the case at hand, main circumstances, namely, the accused was last seen with the deceased and she was being taken by him in his arms; medial evidence establishes that the deceased was murdered and raped, establish the guilt of the accused beyond all reasonable doubts. 30. Having regard to the circumstantial evidence it is clear that the circumstances against the appellant formed a complete chain pointing unerringly to his guilt and were inconsistent with his innocence. Having taken into consideration the evidence on record and the submissions urged by the learned counsel for the appellant and after according our anxious consideration we are satisfied that the view taken by the trial court is fully warrant by the record. We accordingly affirm the finding of guilt on all counts and the order of conviction and sentence recorded against the appellant. 31. The appeal, therefore, fails and is dismissed. The appellant is in jail. He be detained in prison to serve out the sentences recorded by the trial court and confirmed by this Court.Appeal Dismissed. *******