Judgment K. C. SHARMA, J. ( 1 ) THIS criminal appeal under Sec. 374, Cr. P. C. arises out of the judgment and order dated 26-6-97 passed by the learned Special Judga, Women atrocities and Dowry Cases, Jaipur, thereby convicting and sentencing. the accused appellant in the manner stated below : under Sec. 302, IPC Life imprisonment with a fine of Rs. 1000/-, in default thereof, to further undergo 4 months simple imprisonment. Under sec. 376 (2) (F), IPC Ten yearslrigorous impris" onment with fine of Rs. 500/-, in default there of to further undergo 2-months simple imprisonment: under Sec. 366, IPC Seven years rigorous imprisonment with a fine of rs. 500/-, in default thereof, to further uhdergo 2 months simple imprisonment. ( 2 ) ON 28-10-91, at about 7 p. m. , PW-2 dr. Amolak Chand Mewara lodged a written report, Ex. P1 at Police Station, Phulera, district Jaipur to the effect that his daughter Bebi alias Vandana aged about 4 years who was playing with the children in front of his house at about 4. 30 |p. m. was missing. He made all efforts to trace her out, but of no avail. While, describing the age, colour, cloths, language etc. of his daughter, dr. Amolak Chand requested the police to trace her out. ( 3 ) ON 29-10-91 at about 3. 30 a. m. , PW 1 Bharat Singh, Assistant Sub-Inspector submitted a written report, Ex. P. 2 to the ihcharge, Police Station, Phulera alleging therein that in continuation to the report of dr. Amolak Chand Mewara, two constables namely Dayanand and Kalu Ram were on duty to search out the missing girl. At about 3. 00 a. m,, Om Prakash Patwari and damodarlal informed at the police station that dead body of a girl was lying in Loco colony. Haying received the information, pw-1 Bharat Singh, ASI along with Constables Prabhu Lal, Rohitash and Hanuman reached Loco Colony, where number of persons had already collected. He found the dead body of a girl lying in the verandah of quarter No. L/128-M. Dr. Amolak Chand identified the dead body as that of his daughter Vandana. Haying received the information, pw-1 Bharat Singh, ASI along with Constables Prabhu Lal, Rohitash and Hanuman reached Loco Colony, where number of persons had already collected. He found the dead body of a girl lying in the verandah of quarter No. L/128-M. Dr. Amolak Chand identified the dead body as that of his daughter Vandana. As per the report Ex P2, he saw bleeding from eyes, nose and mouth of the dead body- and abrasion on her neck were also noticed Her underwear was half down and blood was also oozing out from her vagina.-The circumstances weree indicative of thefact that firstly the girl was ravished and then murdered. ( 4 ) ON the basis of above report, police registered a case for offence under Sec. 302/ 376, IPC and proceeded with the investigation. Firstly, the police prepared site plan ex. P3 and took the photographs, Exs. P4 and P5 of the dead body. The police then took, the dead body in its possession. The blood; lying spread beneath the head of dead body was also collected with the help of cotton, it was sealed and a memo, Ex. P7 to that effect was prepared. The inquest report ex. P. 10 was also prepared. ( 5 ) PW-22 Ranjeet Khan, Circle Officer seized the underwear and frock of deceased vandana vide memo Ex. P. 12, Dr. Manak chand, Medical Officer, Phulera conducted autopsy on the dead body and prepared post-mortem report, Ex. P. 16. The doctdr in his report, Ex. P. 16 found tear in vagina extending up to anus and deep up to douglous pouch with tricking of blood. He opined that cause of death of deceased was shock due to forceful penetration through vagina causing extensive injury. The doctor also took vaginal swab and handed it over to the SHO, Phulera for chemical examination. ( 6 ) ON 29-10-1991,accused-Ratanlal was taken into custody vide arrest memo, Ex p. 15 and was subjected to medical examination. The doctor in his report. Ex, P. 17 has stated that there was swelling on the upper part of penis (glans) and smegma was not found. The police seized the underwear of accused-Ratanlal which he was wearing at the time of his medical examination and prepared memo Ex. P. 11. ( 7 ) PURSUANT to the information (Ex. The doctor in his report. Ex, P. 17 has stated that there was swelling on the upper part of penis (glans) and smegma was not found. The police seized the underwear of accused-Ratanlal which he was wearing at the time of his medical examination and prepared memo Ex. P. 11. ( 7 ) PURSUANT to the information (Ex. P. 22)under Section 27 of the Evidence Act furnished by accused-Ratanlal, police recov ered a blood-stained cloth from quarter No L-128-M and the pant and shirt of accused from Quarter No. L-128-C belonging to his brother vide Memos Exs. P14 and PI3 repectively. In the course of investigation, the police sent six packets containing the blood collected from the sight, the clothes worn by deceased at the time of incident, the clothes of accused alleged to be worn by him at the time of incident, a piece of cloth and the vaginal swab to the Forensic Science laboratory for chemical examination. The fsl report is Ex. P. 23, which speaks about the presence of human blood of AB group on the clothes of deceased, the blood collected from the sight, pant, shirt and piece of cloth recovered consequent upon the information of the accused. Another report (Exc. I) of the FSL discloses the presence of semen on the pant of accused and in the vaginal smear of the deceased. ( 8 ) HAVING completed entire formalities, the police submitted a charge-sheet against the accused-appellant in the Court of Judicial Magistrate, 1st Class, Sambhar Lake. The learned Magistrate having found the offence exclusively triable by the Court of sessions, committed the case to the Court of Sessions. ( 9 ) THE case came to be tried by the Special Judge, Women Atrocities and Dowry cases, Jaipur. The learned trial Judge, on the basis of evidence and material collected during investigation and placed before it and after hearing counsel for the parties framed charges against the appellant under Sections 366, 376 and 302, IPC. The accused denied the charges and claimed trial. ( 10 ) IN the course of trial, the prosecution, in order to prove its case examined as many as 23 witnesses and got exhibited numerous documents. Thereafter the accused was examined under Section 313, Cr P. C. In his explanation, the accused stated the prosecution story to be false. In defence, the accused examined DW1 Rajulal. ( 10 ) IN the course of trial, the prosecution, in order to prove its case examined as many as 23 witnesses and got exhibited numerous documents. Thereafter the accused was examined under Section 313, Cr P. C. In his explanation, the accused stated the prosecution story to be false. In defence, the accused examined DW1 Rajulal. ( 11 ) AT the conclusion of trial and after hearing arguments of counsel for the parties, the learned trial court found the prosecution case as alleged, proved and accordingly convicted and sentenced the appellant in the manner stated hereinabove vide its judgment and order impugned in this appeal. Feeling aggrieved by the conviction, the appellant has preferred this appeal. ( 12 ) WE have heard learned counsel for the parties and carefully gone through the impugned Judgment, the evidence and material available on record. ( 13 ) THERE is no direct evidence and the case solely rests on circumstantial evidence. It is well settled that in a case of circumstantial evidence, the essential ingredients to prove guilt of an accused on the basis of circumstantial evidence are : (i) the circumstances from which the conclusion is drawn should be fully proved; (ii) the circumstances should be conclusive in nature; (c) all the facts so established should be consistent only with the hypothesis of guilt and inconsistent with innocence and (d) the circumstances should to a moral certainty, exclude the possibility of guilt of any person other than the accused. ( 14 ) THE circumstances relied upon by the prosecution and found established by the learned trial Court may be enumerated below : (1) the dead body of deceased Vandana was found lying in quarter No. L-128-M, which was found to be in possession of appellant; (2) rape on the girl was committed at the place where her dead body was found; (3) the medical evidence is suggestive of the fact that rape was committed on the girl and the cause of death was extensive injury as a result of forceful penetration; (4) evidence of swelling on the glans of penis of accused and non-presence of smegma; (5) recovery of clothes of the accused having been made on his information and the presence of human blood of group AB on his clothes tallied with the blood found on the underwear and frock of the deceased and the blood collected from the place of incident; (6) recovery of a blood-stained cloth on the information of accused which was also found to be contained with the blood of group AB; (7) presence of semen on the pant of accused as also on the vaginal smear of the victim; and (8) the conduct of the accused, inasmuch as he disclosed the fact of dead body of Km. Vandana lying in his quarter to PW-14 mahendra Singh and PW-15 Satya Narain, in the night immediately after the incident. But after arrest, the accused concealed this information from the police. ( 15 ) BEFORE adverting to the above circumstances, it would be profitable to have glance at the relevant prosecution evidence. ( 16 ) PW-2 Amolak Chand, father of the deceased has deposed that on 28-10-91 his daughter Bebi alias Vandana came from her school at about 2 2. 30 p. m. and after taking rest for some time, she went outside the house for playing. He left for his dispensary at about 4. 00 p. m. At about 5 5. 15 p. m. his sister Guddi came to the dispensary and asked him whether Bebi had come there. He replied in negative and told that she might be playing somewhere. He did not find his daughter at home even at 6 6. 30 p. m. when he returned from dispensary. 00 p. m. At about 5 5. 15 p. m. his sister Guddi came to the dispensary and asked him whether Bebi had come there. He replied in negative and told that she might be playing somewhere. He did not find his daughter at home even at 6 6. 30 p. m. when he returned from dispensary. The Witness further stated that on being enquired, his son Bharat Kumar informed that a per son wearing black shirt calledibebby by signal and took her with him. He then enquired about the person of the above description, but of no avail and ultimately he lodged a written report, Ex. P. 1. He made efforts to trace his daiaghter till 12 in the night, but with no result and then returned home. In the meantime, Jai Kishore an employee of rseb came there and disclosed that wife of suresh Chand Sharma, a resident of the same vicinity, had seen Vandana in the company of one Liyakat who was residing in one of the quarters of the locality. He then deposed that having received this information, he along with others rushed to the house of liyakat and awakened him, but the witness told his friends to take search of his quarter and the others quarters. In the course of search, his friends saw the dead body of vandana lying in inner verendah of quarter no. L-120. They saw the dead body from roof of the quarter. Appellant-Ratanlal, at the relevant time was residing unauthorisedly in the said quarter. In cross-examination, the witness has stated that the quarter had two doors, one was locked and another was closed by putting iron chain. According to this witness, the quarter from where dead body of his daughter was recovered was not allotted to any one, but appellant-Ratanlal was residing in that quarter for about 3 years. In cross-examination, the witness denied the suggestion put to him in regard to the admission of Liyakat that he took away the girl. ( 17 ) PW-3 Girdhari Lal is a formal witness. He is a witness to the site plan, Ex. P. 3 and the seizure memo Ex. P6 of the dead body. He has stated that at the relevant time, accused-Ratanlal was residing in Quarter no. L/128. ( 17 ) PW-3 Girdhari Lal is a formal witness. He is a witness to the site plan, Ex. P. 3 and the seizure memo Ex. P6 of the dead body. He has stated that at the relevant time, accused-Ratanlal was residing in Quarter no. L/128. In cross-examination, Girdharilal stated that the quarter in which dead body was lying was allotted in the name of some railway employee, but the allottee was not residing there and he had sub-let it to accused-Ratanlal. ( 18 ) PW-4 Ram Karan. PW-6 Satya naraian, PW-7 Krishan Chandra and PW-9 mukesh were nominated by the police as pahchas in regard to preparation of inquest report and to have their opinion. The witnesses deposed that police prepared the inspection report of the dead body. Ex. P8 and after seeing the dead body, they gave their opinion Ex. P. 10. In the opinion of PW-4 Ram karan the cause of death of Vandana was either threading or as a result of rape. All the witnesses found blood oozing out from eye, nose and mouth of the dead body and injuries on some parts of her body. The witnesses also stated that blood was also oozing out from the vagina of the girl. ( 19 ) PW-5 Suresh Chand has stated that he is residing in Quarter No. 128-O Loco colony. He is a Motbir of the site plan and has admitted his signature on the site plan. According to him, Ramlal father of the accused was residing separately in Quarter No. L-128. Firstly, he came to know about missing of Dr. Amolaks daughter and this news had spread in entire vicinity. Thereafter his wife disclosed that a Muslim boy residing adjacent to their quarter had taken away with him a child by alluring her. The witness stated that his wife had disclosed this fact to others also. Number of persons collected and there after the Muslim boy was called. The police had also arrived there. The witness stated to have seen the dead body of the daughter of Dr. Amolak. In cross-ex-amination, the witness stated that the quar-ter from which the dead body of girl was re-covered was locked by Ram Lai, father of the accused. ( 20 ) PW-8 Mahesh Kumar and PW-21 damodar Prasad are the witnesses of sei-zure of clothes of accused (vide memo Ex. Amolak. In cross-ex-amination, the witness stated that the quar-ter from which the dead body of girl was re-covered was locked by Ram Lai, father of the accused. ( 20 ) PW-8 Mahesh Kumar and PW-21 damodar Prasad are the witnesses of sei-zure of clothes of accused (vide memo Ex. P. 11), which he handed over to the police at the time of his medical examination, seizure of frock and underwear (vide memo Ex. P. 12)of the deceased girl, recovery of pant and shirt of the accused (vide memo Ex. P. 13), which he was wearing at the time of com-mission of offence and recovery of one blood-stained cloth (Ex. PI4) pursuant to the in-formation of accused. Both the witnesses have certified the seizure and recovery of above articles and have admitted their sig-natures on these memos. PW-8 Mahesh kumar has Identified the clothes of the accused in the trial court which were recovered on the infprmation and at the instance of accused. He categorically deposed that the clothes of the accused were recovered in his presence and the police had also seized the same. ( 21 ) PW-21 Damodar Prasad has deposed that on the next day of incident, the accused himself got recovered one white coloured cloth which was stained with blood. According to this witness, the accused himself took out the blood-stained cloth which was lying concealed in a drain. The witness admitted his signature on the seizure memo Ex. P. 14. Similarly, this witness has also certified the recovery of pant and shirt of the accused from the quarter belonging to the brother of accused. Both the witnesses were subjected to cross-examination and nothing could be elicited so as to disbelieve their testimony. ( 22 ) PW-10 Dr. Manak Chand conducted autopsy on the dead body on 29-10-91 at 8. 00 a. m. He noticed rigor motis well developed, bleeding from right nostril, ants were creeping over the dead body and there was laceration in the vagina extending up to anus and it was bleeding. He stated that tear in vagina was extending up to anus and deep up to douglous pouch. In the opinion of this witness, the cause of death was shock due to forceful penetration through vagina causing extensive injury. He admitted to have prepared the post-mortem report Ex. P. 16 and has admitted his signatures from A to b on the post-mortem report. In the opinion of this witness, the cause of death was shock due to forceful penetration through vagina causing extensive injury. He admitted to have prepared the post-mortem report Ex. P. 16 and has admitted his signatures from A to b on the post-mortem report. The duration of death, according to the doctor, was 12 hours. The witness stated that on the same day at 5. 00 p. m. he examined accused Ratanlal. On examination, he found a linear abrasion on posterior aspect of left shoulder of the size of 3 cm x cm. The duration of injury was within 24 hours. He noticed swelling on the upper part (glans) of penis of accused and smegma was absent. He did not find the spots of semen either on the clothes worn by the accused or on his private parts. On medical examination, he did not find anything to suggest that Ratanlal was not competent to have sexual intercourse. He admitted to have prepared the report, Ex. P17. On a question being put to him, the witness clarified that swelling on the upper part of penis could be the result of forceful penetration. At the same time, he stated that such injury can also be caused by inflicting of stick blow. ( 23 ) PW-11 Om Prakash has stated that on the day of incident he had returned from dudu to Phulera in the evening. When he was sitting at the tea-stall of Manphool, Dr. Amolak came there and informed that his daughter was missing. Thereafter, he went to his house and brought his motor-cycle and then he along with one Pyare Kishan left the motor-cycle at the crossing and pro-ceeded in search of the girl. According to this witness, nothing could be found about the girl till 2. 30 in the night and then they came to the house of Dr. Amolak, where number of persons had collected. Some one from the crowd told that girl should be searched in Railway quarters also. Thereaf-ter all the persons left towards Railway quar-ters, First of all, Pyare Kishan saw the girl lying in the corridor of Railway quarter. 30 in the night and then they came to the house of Dr. Amolak, where number of persons had collected. Some one from the crowd told that girl should be searched in Railway quarters also. Thereaf-ter all the persons left towards Railway quar-ters, First of all, Pyare Kishan saw the girl lying in the corridor of Railway quarter. The witness stated that having seen the dead body, he along with Damodar went to the police station and brought Bharat Singh, a. S. I. He also stated that he noticed blood oozing out from the nose and vagina of the girl and that her underwear was half down. Having seen the situation, the witness could not stay at the place of incident and came out of the quarter and then someone from the mob informed that accused-Ratan Lai was residing in the said quarter. ( 24 ) PW-12 Smt. Asha who in her police statement, Ex. P. 19 had stated that on the day of incident at about 4. 00 p. m. , she saw vandana standing with Liyakat, has denied to have made such statement and thus she was declared hostile. ( 25 ) PW-13 Dayanand and PW-17 Hari mohan are the witnesses to the memo Ex. P. 20 concerning seizure of vaginal swab and they admitted their signatures from A to B and C to D, respectively on the seizure memo. ( 26 ) PW-14 Mahendra Kumar has de-posed that on the night of incident when he was sleeping at his home, accused Ratan lai came to his house and informed that somebody has thrown the dead body of a girl in his quarter and asked him to go and inform his Bhabi. The witness then asked the accused as to why he visited his house in the late hours. The witness asked him to go away, but the accused stayed there. In the meantime, Mahendra Kumars brother satya Narain PW-15 awakened and asked as to who was there. Thereupon accused replied that he was Ratan. The witness stated that accused also disclosed the same fact to his brother Satya Narain that, somebody killed a girl and thrown her dead body in his quarter. ( 27 ) PW-15 Satya Narain, brother of PW-4 Mahendra has deposed that about 3. Thereupon accused replied that he was Ratan. The witness stated that accused also disclosed the same fact to his brother Satya Narain that, somebody killed a girl and thrown her dead body in his quarter. ( 27 ) PW-15 Satya Narain, brother of PW-4 Mahendra has deposed that about 3. 30 in the night of 28-10-1991, appellant-Ratan Lai came to his house and informed him that daughter of Amolak has been murdered and her dead body has been thrown in his quarter and therefore, Mahendra should go and inform his (accused) Bhabhi that he was coming. The witness stated that his younger brother asked the accused as to why he had come to his house in the late night and thereafter he awakened. According to the witness, accused-Ratan informed that somebody has killed the daughter of Amolak and has thrown her dead body in his house. He also noticed smell of liquor from the mouth of accused and accused, at that time, was frightened. Thereafter, the accused dragged him towards the quarters. He tried to get rid of his clutches but the accused caught his wrist and did not leave his hand. The accused did not even permit the witness to inform his family members that he (accused)has committed such an offence. Thereafter the accused left the witness on the way and ran away towards picture hall. Lastly, the witness stated that he had informed patwariji and son of Roop Narain that accused-Ratanlal had come to him and disclosed that somebody killed the daughter of amolak Bhai Sahab and thrown her dead body in his quarter. The witness denied to have visited the quarter where dead body of the girl was lying. ( 28 ) IN cross-examination, the witness stated that the number of the quarter where accused-Ratanlal is residing is 128-M. The father of accused-Ratan Lal was residing along with his (accused) brother and Bhabi separately in some other quarter. According to this witness, the quarter which was in occupation of accused was allotted by the railway to some employee. ( 29 ) PWS-16 and 18 are also formal witnesses. PW-16 Ramesh Chand, Constable collected six sealed packets from Malkhana and deposited the same in the FSL and obtained receipt Ex. P. 21, while PW-18 Indra chand had taken the photographs, Exs. P4, p5 of the dead body. ( 29 ) PWS-16 and 18 are also formal witnesses. PW-16 Ramesh Chand, Constable collected six sealed packets from Malkhana and deposited the same in the FSL and obtained receipt Ex. P. 21, while PW-18 Indra chand had taken the photographs, Exs. P4, p5 of the dead body. ( 30 ) PW-19 Basir Khan who at the relevant time was posted as Head Mohrir at police Station, Phulera has stated that at about 4. 00 in the night of 29-10-91 Bharat singh, ASI sent an FIR along with Rohitash kumar FC No. 916 for registration of case, upon which he registered a case vide FIR no. 134/91 for offence under Sections 302/ 376, IPC and again sent the FIR with rohitash Kumar to Bharat Singh, SI. ( 31 ) PW-22 Ranjeet Khan, Investigating officer has deposed that on 29-10-91 he seized the dead body of Kumari Vandana alias Bebi aged about 4 4 years from Railway Quarter No. C/ 128-L and prepared the memo Ex. P. 6 in the presence of Motbirs. He collected the blood from the place of incident and prepared memo Ex. P7, which bears his signatures from E to F. He inspected the dead body, appointed Panchas and obtained their opinion. The witness certified to have seized the underwear and frock of the deceased and preparation of seizure memo Ex. P. 12. He arrested the accused vide arrest memo Ex. P. 15. The witness stated that accused furnished information under sec. 27 of the Evidence Act for recovery of one blood-stained cloth, which the accused got recovered from Quarter No. L/128-M. He also furnished information as regards recovery of his pant and shirt, which the witness recovered from the quarter of brother of accused and prepared recovery memo Ex. P. 13. In cross-examination, the witness has stated that at the time when he reached the place of incident, Bharat Singh, asi was already present at the site. Having found the seriousness of the offence, he took the investigation in his hands. He stayed at the place of incident for about 4 hours and got conducted autopsy on the dead body at the sight itself. As regards the place of incident from where the dead body of girl was recovered, the witness stated that corridor was covered with roof and the front portion was open. Just opposite the corridor, there was a open chowk of the quarter. As regards the place of incident from where the dead body of girl was recovered, the witness stated that corridor was covered with roof and the front portion was open. Just opposite the corridor, there was a open chowk of the quarter. He admitted to have written a letter to the Railway administration to find out as to who was the occupant of Quarter No. L/128-M. Ex. D. 3 is the reply received from the Railway administration, according to which it was allotted in the name of one Amarchand, khalasi but Amarchand did not take possession of the same. The witness stated that according to him the accused-appellant was unauthorisedly residing in the said quarter and the goods lying therein belonged to the accused. He denied to have made memo of the goods lying in the quarter. According to this witness, he did not record the statement of brother and bhabhi of the accused nor he made any enquiry from them. The witness could not state as to when Liyakat was called and when he was spared. He also did not record the same in the case diary. On a suggestion being put to him, he further denied to have belaboured the accused after putting off his clothes and caused injury on his penis. He did not prepare the site plan of the place of recovery of blood stained cloth. He stated the distance of 2030 yards in between the place where girl was playing and the place where her dead body was lying. The witness stated that wife of suresh Chand did not inform him the fact of girl being taken away by some Muslim boy by alluring. The witnesses further stated that it is true that Muslim boy was brought at the police and was interrogated. According to this witness, the mother of girl had disclosed that her daughter was last seen in the company of Liyakat. Lastly the witness stated that it was wrong to say that having found the communal situation becoming worst he released Liyakat and falsely implicated innocent Ratanlal. He also denied to have caused injuries on the penis of accused. ( 32 ) HAVING discussed the prosecution evidence, we now proceed to consider the arguments advanced by the counsel for the accused appellant in assailing the conviction of the appellant. ( 33 ) MR. He also denied to have caused injuries on the penis of accused. ( 32 ) HAVING discussed the prosecution evidence, we now proceed to consider the arguments advanced by the counsel for the accused appellant in assailing the conviction of the appellant. ( 33 ) MR. S. R. Surana, learned counsel appearing for the appellant strenuously contended that the prosecution has utterly failed to prove any circumstance so as to prove that in all human probability the act was done by the accused. He argued that the prosecution has not been able to prove beyond doubt even the first circumstance viz. , the quarter in question where the dead body of deceased Kumari Vandana was found lying was in possession of the accused appellant. Therefore, whole edifice of the prosecution case is doubtful. ( 34 ) WE have considered the above argument and have scanned the evidence and material available on record. Undoubtedly, the dead body of the deceased was found lying in the inner Varandah of quarter No. L-128 M situated in loco colony. The prosecution, in order to prove the possession of accused appellant over the quarter in question at the relevant time, has relied upon the evidence of PWs 2, 3 and 15. PW 2 amolak Chand has deposed that the quar ter in which dead body of his daughter was found was in,unlawful possession of the accused appellant. He was not an employee of the Railway department. PW 3 Girdharial in his statement has deposed that at the relevant time, accused Ratan Lal was residing in Quarter No. L/128. In cross-examination, Girdharilal has categorically stated that the quarter in which dead body was lying was allotted in the name of some railway employee, but the allottee was not residing there and he had sub let it to accused ratan Lal. PW 15 Satya Narain and accused ratan Lai are the residents of the same locality. The witness in his cross examination has stated that the number of quarter where accused Ratan Lal is residing is 128-M. The father of accused was residing separately along with accuseds brother and bhabhi. He has further stated that the quarter which was in occupation of accused was allotted by the Railway to some employee. This apart, pw 14 Mahendra Kumar has deposed that at 3/3. 30 AM. He has further stated that the quarter which was in occupation of accused was allotted by the Railway to some employee. This apart, pw 14 Mahendra Kumar has deposed that at 3/3. 30 AM. the accused came to his house and informed that some body threw the dead body of a girl in his quarter. This means that accused appellant was in occupation of the quarter in which dead body of deceased was found lying in the inner Verandah. ( 35 ) IT is also worthy to note that DW 1 raju Lal, brother of the accused is also residing in Quarter No. L-128/c along with his family. This quarter also belong to Railway department. The defence witness has stated that he took this quarter on lease from one Paras Ram, an employee of the Railway department. ( 36 ) IT appears to us that because of inactions and administrative lapses on the part of concerned Railway authorities the allottees of the Quarters used to sub let their govt. quarters allotted in their names to the private persons only with a view to gain undue advantages and to earn money. In the case at hand, it is apparent from the statement of PW 5 Suresh and DW 1 Rajulal that they are tenants in Railway Quarters no. L-128/o and L-128/c which are allotted to some railway employees. Likewise, quarter No. L/128/m was allotted to one amar Chand, an employee of Railways on 12-10-91 but the accused appellant had been residing in the said quarter unauthorisedly. ( 37 ) IN this view of the evidence there appears to be no reason to disbelieve the statements of PWs 2, 3, 14 and 15. All these four witnesses are the residents of the same locality and have no animus with the accused so as to infer false implication. Thus it stands proved beyond doubt that Quarter no. L-128/m situated in loco colony, in which dead body of Kumari Vandana was found lying in the inner verandah was in possession of the accused appellant and he was residing there. ( 38 ) THE third circumstance relied upon by the prosecution is that rape on the girl was committed and the cause of death was extensive injury as a result of forceful penetration. From the evidence of PW 10 Dr. ( 38 ) THE third circumstance relied upon by the prosecution is that rape on the girl was committed and the cause of death was extensive injury as a result of forceful penetration. From the evidence of PW 10 Dr. Manak Chand, who conducted autopsy on the dead body after few hours of the recovery of dead body, it is established beyond doubt that before death rape was committed on the girl and the cause of death was shock due to forceful penetration through vagina causing extensive injury. The doctor was cross-examined at considerable length but nothing could be elicited so as to doubt his testimony. We, therefore, do not find any reason to disbelieve the medical evidence. Thus the third circumstance that rape was committed on the girl and the cause of death was extensive injury as a result of forceful penetration stands established. ( 39 ) WE now come to the 4th circumstance i. e. the evidence of swelling on the glans of the penis of accused and absence of smegma. PW 10 Dr. Manak Chand examined the accused and found swelling on the glans of his penis but did not find smegma. In his report, Ex. P. 17 the doctor opined in categorical terms that swelling on glans may be due to forceful penetration of penis. Further, the absence of smegma is suggestive of the fact that accused had intercourse. ( 40 ) THE accused appellant in his explanation has stated that Dy. Superintendent of Police had beaten him. He inflicted injury by stick (Danda) on his penis. Having gone through the evidence and material on record we do not find the explanation of the accused worthy of acceptance. Likewise the evidence adduced in defence also does not support the defence version. DW 1 Rajulal, brother of the accused has stated that the s. . P. inflicted injury on the penis of accused by piercing the pointed part of the gun, but rajulal also did not make any complaint to the higher authorities of the police department against the cruelty by the police. This apart, only two injuries were found on the person of accused Ratan Lal, one on his penis and another abrasion on left shoulder. Therefore, the plea put forth in defence that S. P. or Dy. S. P. had beaten the accused, causing injury on his penis by sharp point of gun stands falsified. This apart, only two injuries were found on the person of accused Ratan Lal, one on his penis and another abrasion on left shoulder. Therefore, the plea put forth in defence that S. P. or Dy. S. P. had beaten the accused, causing injury on his penis by sharp point of gun stands falsified. ( 41 ) AS regards circumstances Nos. 5 and 6, the learned trial Judge has taken into consideration the oral as well as documentary evidence. The oral evidence consists of pws 22, 8 and 21, while Exs. P. 12, P. 13, P. 14 and P. 23 concern the documentary evidence. PW 22 Ranjeet Khan, Investigating officer has deposed that on 29-10-91 he seized the body of Kumari Vandana alias bebi aged 4-4and 1/2. years from Railway quarter No. C.-128/m and collected blood from the place of incident vide memo Ex. P7. He seized the frock and under-wear of the deceased and prepared memo Ex. P. 12. He arrested the accused and pursuant to his information under Sec. 27 of the Evidence Act, he recovered the under-wear, pant and shirt of the accused which he was wearing at the time of commission of crime from the quarter of accuseds brother and prepared memo Ex. P. 13. According to this witness, the accused got recovered one blood stained cloth lying concealed in a drain of quarter No. L-128/m and he prepared recovery memo Ex. P. 14. PWS Mahesh Kumar and PW 21 Damodar Prasad are the witnesses of Exs. P. 12, 13 and 14 and they have admitted their signatures on the seizure and recovery memos and have categorically deposed that seizure of frock and underwear of the deceased and the recovery of under-wear, pant and shirt of the accused and a blood stained cloth were made in their presence. ( 42 ) THE FSL report, Ex. P23 indicates that the frock and under-wear of the deceased and the blood collected from the spot were found to be stained with blood of AB group. The pant and shirt of the accused and a piece of cloth recovered on the information and at the instance of accused were also found to be stained with blood of Group ab. Needless to state that the blood of group ab is not common. ( 43 ) MR. The pant and shirt of the accused and a piece of cloth recovered on the information and at the instance of accused were also found to be stained with blood of Group ab. Needless to state that the blood of group ab is not common. ( 43 ) MR. S. R. Surana, learned counsel appearing for the accused appellant vehemently argued that it is not proved that the clothes recovered by the police actually belonged to the accused and that accused was wearing those clothes at the time of commission of offence. Therefore the clothes of the accused though found to be stained with same blood group as that of deceased were not found to be belonging to the accused, the presence of blood of the same group as that of the deceased is of no consequence and cannot be a circumstance against the accused. In support of his argument, learned counsel has relied upon a decision of this court in Bablu alias Bulbul v. State of rajasthan, 2002 (3) Raj Cri C 1128, wherein this Court relying upon a decision of the apex Court in K. Sukumaran v. State of kerala, (2000) 10 SCC 365 observed as under :". . . . . . . . . . . UNDISPUTEDLY, the blood group of deceased was b and the alleged clothes of the deceased also contained the blood of b group. But on scanning the entire evidence, particularly the evidence as to the last seen, we do not find anything to suggest that the accused appellant was wearing the same clothes at the time of incident which were recovered from his possession and were sent far chemical examination. Not a single witness has deposed about the clothes worn by the accused at the time of alleged incident. The trial Court has believed this circumstance to be proved only on the basis that the clothes recovered from the possession of the accused contained same blood group as that of deceased. But the prosecution has utterly failed to prove that the clothes recovered from the possession of accused actually belonged to the accused. In the aforesaid premises, it is highly difficult for us to rely upon this most vital circumstance. But the prosecution has utterly failed to prove that the clothes recovered from the possession of accused actually belonged to the accused. In the aforesaid premises, it is highly difficult for us to rely upon this most vital circumstance. Unless it is believed that the clothes belonged to the accused, the presence of blood of the same group as that of deceased is of no consequence and cannot be a circumstance against the accused. " ( 44 ) WE have considered the above argument and have gone through the case law cited at the bar. In our view the authority cited,by Mr. Surana is of no help to the accused as the facts involved in Bablus case (supra) are, entirely different than those involved in the instant case. In the instant case the pant and shirt of the accused were recovered on his information and at his instance. Secondly, the DW 1 Raju Lal, brother of the accused has certified, that the recovered pant and shirt belonged to the accused. Therefore, it must be concluded that the pant and shirt recovered at the instance and on the information of accused and found contained with the blood of the same group as of the deceased, belonged to the accused. The prosecution has been able to prove that presence of human blood of Group AB on the clothes of accused tallied with the blood found on the under-wear and frock of the deceased and the blood collected from the place of incident. ( 45 ) THE seventh circumstance relied upon by the prosecution and found proved by the trial Court is the presence of semen on the pant of accused and on the vaginal smear of the victim girl. The FSL report, Ex. P. 23 indicates presence of human semen in the vaginal smear of the deceased and the stains of human semen on the pant of accused. The fact that human semen was found in the vaginal smear of the deceasedis sufficient to prove that the deceased was subjected to intercourse. ( 46 ) MR. Surana, learned counsel for the appellant contended with vehemence that evidence of stains of semen having been noticed on the pant of accused may be for variety of reasons and it cannot be taken to be a circumstance against the accused. ( 46 ) MR. Surana, learned counsel for the appellant contended with vehemence that evidence of stains of semen having been noticed on the pant of accused may be for variety of reasons and it cannot be taken to be a circumstance against the accused. In support of his contention, learned counsel has relied upon a decision of the Supreme court in Rahim Beg v. State of U. P. , 1972 cri LJ 1260 : ( AIR 1973 SC 343 ). ( 47 ) WE have considered the above argument. Suffice it to say that accused is a young lad of 21 years of age and the presence of semen on his paint may be for variety of reasons and hence this circumstance as the presence of semen on the pant of accused is of no help to the prosecution. However it is established from the presence of semen in the vaginal smear that the deceased was subjected to intercourse. ( 48 ) NOW we advert to the last circumstance viz. , the conduct of the accused. It has come in the evidence of PW 14 Mahendra kumar and PW 15 Satya Narain that accused Ratanlal came to their house at 3/ 3. 30 A. M. and informed them that some-one had thrown the dead body of a girl in his quarter. It appears to be highly improbable that accused went to the house of PWs 14 and 15 at such hours when the persons used to be in deep sleep. He must have gone to the police station and ought to have disclose this fact to the police that a dead body of a girl was lying in his quarter. However, he did not disclose this fact to the police and concealed this material information from the police. Therefore, in our considered view the conduct of the accused points towards guilty behaviour. ( 49 ) THAT apart, a glance at the site plan, ex. P. 3 indicates that blood was found near the buttocks and beneath the head of deceased. Therefore, the possibility of committing rape elsewhere and then throwing the dead body in the quarter of accused stands ruled out by the presence of blood beneath the dead body of deceased. ( 49 ) THAT apart, a glance at the site plan, ex. P. 3 indicates that blood was found near the buttocks and beneath the head of deceased. Therefore, the possibility of committing rape elsewhere and then throwing the dead body in the quarter of accused stands ruled out by the presence of blood beneath the dead body of deceased. The presence of blood near the buttocks and beneath the head of deceased in itself is sufficient to infer that rape was committed on the victim in the quarter itself where the dead body was lying and hence the plea that somebody threw the dead body of the deceased stands falsified. ( 50 ) LASTLY, it has been contended by Mr. Surana, learned counsel for the appellant that there is no evidence that accused was last seen in the company of deceased girl. According to him, it was not the accused appellant, but some one else who first kidnapped the girl and then committed rape on her. Learned counsel emphasized that there is evidence available on record that liyakat, who was also apprehended by the police, was seen in the company of deceased and therefore, neddle of doubt points towards Liyakat. ( 51 ) WE have given our thoughtful consideration to the above argument. PW 2 amolak Chand, father of the deceased has deposed that his son-Bharat Kumar informed him that brie persbn wearing black shirt called the deceased and she accompanied him. PW 12 Mst. Asha has deposed that she saw a little girl accompanying with a person wearing black shirt. From the evidence of Mst. Asha, it appears that she neither knew the girl nor the person who ac- companied the girl. PW 22 Ranjeet Khan, investigating Officer has deposed that liyakat was called at the Police Station for interrogation arid after due interrogation, he was allowed to go. Therefore, we do not find any evidence on record to establish that anyone saw Liyakat in the company of deceased. Further, there is no evidence, which could lead us to infer that the person wearing black shirt was Liyakat and the girl accompanied that person in black shirt, was the deceased. Thus, it is apparent that the person wearing black shirt could not be identified. In this view of the matter, the argument of the learned counsel for the appellant has no substance and stands rejected. Thus, it is apparent that the person wearing black shirt could not be identified. In this view of the matter, the argument of the learned counsel for the appellant has no substance and stands rejected. ( 52 ) FROM what has been discussed above, it must be concluded that the circumstances relied upon by the prosecution unerringly point towards the guilt of the accused. The eight circumstances except the one i. e. presence of semen on the trouser of the accused, relied upon by the prosecution and found proved are of conclusive nature and tendency and are consistent only with the guilt of the accused appellant. The circumstances as aforementioned if taken cummulatively are sufficient to hold that it was appellant Ratanlal who kidnapped kumari Vandana, took her, to his quarter No. L-128/m situated in loco colony and then committed this heinous crime of committing rape on a girl of hardly 4-4 and years of age, thereby causing her death. ( 53 ) RESULTANTLY, this appeal has no merit and is hereby dismissed. The conviction of the appellant under Sections 302, 376 (2} (f)and 366 IPC and the sentences awarded thereunder is maintained. Appeal dismissed.