JUDGMENT : S.C. Parija, J. - The Appellant & two others faced trial for commission of offences Under Sections 302, 376, 377 & 201 r/w Section 34 of the IPC. Learned Sessions Judge though acquitted the other two accused persons, holding that the prosecution was able to establish its case beyond all reasonable doubts/ convicted the Appellant. Being aggrieved by the said order of conviction dtd. 26.11.1999 the Appellant has preferred this appeal u/s 374 of Cr.P.C. 2. The scenario of facts reveal that on the basis of an F.I.R. lodged by Rama Chandra Barik (P.W.1) before the O.J.C., Sadar Police Station, Cuttack on 23.3.1997, the prosecution was set to motion. In his report the informant alleged that his sister Charulata Barik, aged about 11 years, had been to "Kuakhai" river at about 12 noon to take her bath. As she did not return by 1.00 P.M., the informant went in search of her & found her chapal, pant, shirt & turmeric powder lying near Fakir Singh brick kiln. On being asked the Bihari workers, who were present there, told that his sister went on a cycle with some unknown person. Hearing the said information, the informant went towards Pratapnagar, Bhanapur, Gopalpur & Ballikuda in search of his sister, but in vain. He returned home at about 4.00 P.M. & got information that his sister was lying dead near the river embankment, then he went to the place of occurrence & found his sister lying in a ditch covered by raw bricks. Thereafter, he went to the Police Station & lodged the F.I.R. 3. On the basis of the F.I.R. the O.J.C., Sadar Police Station, Cuttack, registered P. S. Case No. 70/1997 which was converted to G.R. Case No. 358/1997 in the Court of Learned J.M.F.C.(R), Cuttack. He visited the spot, took up investigation, examined the informant & other witnesses, seized the wearing apparels of the deceased vide seizure list Ext. 7, held inquest over the dead body & prepared inquest report (Ext.2) in presence of the witnesses. He sent the dead body for post mortem examination, seized the sealed packet of materials collected from the spot handed over by Scientific Officer under seizure list Ext. 15, seized wearing apparels of the Appellant and others & requested the Director, S.F.S.L. for polygraph examination of the accused persons & produced them for such test before the Asst. He sent the dead body for post mortem examination, seized the sealed packet of materials collected from the spot handed over by Scientific Officer under seizure list Ext. 15, seized wearing apparels of the Appellant and others & requested the Director, S.F.S.L. for polygraph examination of the accused persons & produced them for such test before the Asst. Director & collected the report (Ext.8), arrested the accused persons & forwarded them to the Court. He also sent material objects to SFSL, Rasulgarh for chemical examination. After completion of investigation he submitted charge sheet against the accused persons. Learned J.M.F.C. after being satisfied that a prima facie case was made out, took cognizance of the offences & committed the case to the Court of Session for trial. 4. The plea of the accused persons is of complete denial. In order to establish that the accused persons in furtherance of their common intention committed rape & carnal intercourse against the order of nature with Charulata Bank & murdered her, the prosecution got examined as many as thirteen witnesses. The informant, who happens to be the brother of deceased Charulata Barik, was examined as P.W.1. The witness, who found the dead body inside the ditch, was examined as P.W.2.The witness, who was present at the time of lifting the dead body from the ditch was examined as P.W.3. P.W.4. is a witness to the seizure. P.W.5 was the Scientific Officer, who visited the spot, conducted examination of the place of occurrence & took photographs of the dead body. P.W.6 was a witness to the fact that the accused persons were working in the brick kiln. P.W.7 was a witness, who detected the chadi & frock lying near the river side on getting information from the accused persons. He also went in search of Charulata Barik being misguided by the accused persons, but later on got information about the recovery of the dead body from the ditch of the brick kiln, went & found the dead body stained with blood & dragging marks on the earth. P.W.18 was a witness who saw Charulata Barik lying dead in the ditch being surrounded by bricks. P.W.9 identified the accused persons as workers in the brick kiln. P.W.10 was the Scientific Officer, who conducted polygraph examination of the accused persons. P.W.11 was a constable & was a witness to the seizure of nail clippings. P.W.18 was a witness who saw Charulata Barik lying dead in the ditch being surrounded by bricks. P.W.9 identified the accused persons as workers in the brick kiln. P.W.10 was the Scientific Officer, who conducted polygraph examination of the accused persons. P.W.11 was a constable & was a witness to the seizure of nail clippings. P.W.12 was the doctor, who examined accused-Appellant Satgun Paswan on 26.3.1997. He had also examined accused Dhanaraj Paswan & Harinarayam Ram. He had also conducted the post mortem examination of the dead body. P.W.13 was the O.I.C., Sadar Police Station, Cuttack, who took up investigation. It is pertinent to note that no witness was examined on behalf of the accused persons. 5. Learned Sessions Judge discussed the evidence, both oral & documentary, in extenso. He took into consideration }he fact that while P.W.1 was searching for his sister some of the Bihari workers gave false information that an unknown person has taken his sister on a cycle, consequently he was misguided & searched the neighbouring villages. Relying upon the evidence of the doctor (P.W.12) he came to an unambiguous finding that initially there was attempt to rape & sodomy the deceased & the cause of death was throttling. 6. After discussing the evidence, Learned Sessions Judge further arrived at a conclusion that the accused persons belong to Bihar & they were working in the brick kiln on the date of occurrence & on being asked about the whereabouts of the deceased, the accused persons misdirected the informant (P.W.1) & others. Relying upon the evidence of P.W.12, the doctor who examined the accused Satgun on 26.3.1997 on police requisition & the report of the doctor that the injury was found on the frenum penile organ of accused Satgun Paswan & the opinion of the doctor that the same had been caused during the forceful sexual intercourse, held that the prosecution was able to establish beyond all reasonable doubt that accused Satgun Paswan had committed the alleged offences. Further, on the basis of the report of P.W.2 & the opinion given by him to the effect that no injuries were found so far as accused Dhanaraj Pa s w a n & Harinarayan Ram, held that as no cogent evidence was available to connect the aforesaid 2 persons with the alleged crime, was pleased to acquit them. 7. In course of hearing Mr. 7. In course of hearing Mr. Ramani Ranjan Patnaik, Learned Counsel appearing for the Appellant took pain to place the evidence of all the witnesses once again. However, he put emphasis on the evidence of P.W.12 & submitted that the injury which was found on the private part of the Appellant was a simple one & there was no material to reveal that the said injury was caused in course of commission of the alleged offence. According to Mr. Patnaik the opinion given by the doctor (P.W.12) is only based on surmises & conjectures & on the basis of such opinion, which is not conclusive, Learned Sessions Judge acted illegally in convicting the Appellant. The second contention of Mr. Patnaik was that the place from where the dead body was found was not a secluded place & about 100 to 150 workers were working in the brick kiln. Thus, convicting the Appellant alone on the suspicion that he had committed the alleged crime was not justified. The third contention of Mr. Patnaik is that as the names of the accused persons have not been stated in the F.I.R. the conclusion arrived at by Learned Sessions Judge that the Appellant had committed the crime, in the absence of any eye witness or cogent evidence was illegal. Mr, Patnaik further contended that the polygraph examination test report (Ext.8) clearly reveals that the present Appellant was not lying & as such the statement made by him before the Director that he had not committed the offences should have been accepted by the Sessions Judge. In short, according to Mr. Patnaik the approach of the Sessions Judge & the conclusion arrived at by him to the extent that the Appellant committed the alleged crime being based only on opinion of the doctor which does not amount to conclusive proof, this Court may allow the appeal & set aside the order of conviction. 8. All the submissions made by Mr. Patnaik are stoutly denied by Learned Counsel for the State. It is submitted that in absence of any explanation with regard to the injury found on the private part of the Appellant & in view of the clear evidence of P.W.12, the doctor, who examined the Appellant, that the injury found on the frenum penile organ was caused during forcible sexual intercourse, Learned Sessions Judge had rightly convicted the Appellant. It is submitted that in absence of any explanation with regard to the injury found on the private part of the Appellant & in view of the clear evidence of P.W.12, the doctor, who examined the Appellant, that the injury found on the frenum penile organ was caused during forcible sexual intercourse, Learned Sessions Judge had rightly convicted the Appellant. According to Learned Counsel for the State apart from the said injury the conduct of the Appellant who misguided the informant & sent him in a wrong direction while P.W.1 was searching for his sister, goes a long way to establish the fact that the Appellant tried to hide his crime from others. According to Learned Counsel for the State, the discussions made by Learned Sessions Judge basing upon the conduct of the Appellant vis-a-vis the report of the doctor (P.W.12) conclusively established the guilt of the Appellant & it is a fit case where the order of conviction may not be interfered with. 9. Heard Learned Counsel for the parties at length, perused the evidence, both oral & documentary, meticulously & considered the submissions made by Learned Counsel diligently. This is a pathetic case where a young girl of hardly eleven years became the victim of uncontrolled sexual desire & lust. It is often found that lust turns a human being into a beast & the case in hand is a glaring example of the said fact. As stated earlier the girl is hardly 11 years old, she has not seen the world & tasted the worldly pleasures at that tender age, when she became a victim of unbridled lust, which is beyond the imagination of a civilized human being. 10. The ghastly act committed is very much apparent from the post mortem report as well as the evidence of P.W.12, the doctor who conducted the post mortem. The injuries found are quoted below: (i) Right ear pinna was abraded & lacerated of size 3 1/2 cm x 1 cm. (ii) Right posterior aspect of elbow abraded of size 2 1/2 cm x 1/2 cm. (iii) Left knee anteriorilyi abraded of size 1 1/2 cm x 1/2 cm. (iv) Abrasion present on the left scapular area of size 1 1/2 cm x 1 cm. (v) Abrasion present on right scapular area of size 1.5 cm x 1 cm. (ii) Right posterior aspect of elbow abraded of size 2 1/2 cm x 1/2 cm. (iii) Left knee anteriorilyi abraded of size 1 1/2 cm x 1/2 cm. (iv) Abrasion present on the left scapular area of size 1 1/2 cm x 1 cm. (v) Abrasion present on right scapular area of size 1.5 cm x 1 cm. (vi) Lower lips swollen & beaten, in the middle by upper force inciser teeth. Tongue is also beaten on its upper aspect by upper two canine teeth. (vii) Left eye swollen & ecchymosed & right eye was buldged out & left eye was partially buldged. (viii) Nose tip was abraded of size 1 1/2 cm x 1 cm. . (ix) Both the area below angles of mandible (right & left) were abraded with distinct nail marks. On dissection- soft tissue, muscles, underneath it & around it were contused & extravassated. Larynx, pharync & their leum were also contused. (x) Private part - Labia majore were separated & contained nail marks on both sides. Labia minore swellen, contused & looks red & separated. Hymen was ruptured at 9-0 clerk position. Dry blood stains were sticken to it. (xi) Anal canal was directed, mucous membrane was lacerated bleeding present in the prifice & fical discharge was also present. (xii) Both the buttocks were abraded of size 4 cm x 3 cm each. (xiii) Subscalpal tissue contused with haematoma formation. (xiv) Subfrontal tissue was contused. The doctor (P.W.12) in his deposition has clearly opined that: all the injuries were ante-mortem in nature & there was attempted rape & sodomy was initiated initially & injuries in respective areas were present. The cause of death was asphyxia due to throttling. 11. In the aforesaid circumstances, this Court has to consider as to who committed such heinous crime. Admittedly, there is no eye witness to the occurrence. The entire case hinges on circumstantial evidence. Mr. Patnaik', Learned Counsel for the Appellant, submitted that circumstantial evidence is to be considered as chain of circumstances &, if any link of the chain is found to be weak, the entire chain would fail. According to us, however, the circumstantial evidence is like a rope which is composed of several cords & if one strand of the cord might be insufficient to sustain the weight, but the rest stranded together may be of quite sufficient strength. According to us, however, the circumstantial evidence is like a rope which is composed of several cords & if one strand of the cord might be insufficient to sustain the weight, but the rest stranded together may be of quite sufficient strength. The circumstances from which conclusion of guilt has to be drawn, at the first instance should be fully established. All the facts so established should be consistent with the hypothesis of guilt of the accused-Appellant. The circumstances should be in a conclusive nature & such conclusion has to exclude any other hypothesis. It is needless to say that it is the duty of the prosecution to establish all the circumstances conclusively to hold that the accused alone committed the offence. In the case of Dharm Das Wadhwani Vs. The State of Uttar Pradesh the Supreme Court observed that the rule of benefit of a reasonable doubt does not imply a frail willow bending to every whiff of hesitancy. Judges are made of sterner stuff & must take a practical view of legitimate interferences flowing from evidence circumstantial or direct. The legal position with respect to the sufficiency of the circumstantial evidence for sustaining criminal conviction is well settled. The circumstances established on the record according to the law must be consistent only with the guilt of the accused & wholly inconsistent with his innocence. (see Abdul Ghani Vs. State of U.P., ). 12. We now proceed to examine the evidence, adduced in the case at hand to reach a conclusion as to whether the order of conviction passed by Learned Sessions Judge can be sustained. 13. The F.I.R. reveals that the sister of the informant, hardly 11 years old, went to take her bath in the river & thereafter disappeared. After waiting for some time P.W.1 went in search of her sister. He noticed the wearing apparels as well as other objects like chapal, pant, shirt & turmeric powder lying near the brick kiln adjacent to the river. In course of his search he met the accused & others & enquired out of anxiety, as to whether they have seen his sister. They disclosed that an unknown person carried his sister on a cycle. In course of his search he met the accused & others & enquired out of anxiety, as to whether they have seen his sister. They disclosed that an unknown person carried his sister on a cycle. Receiving such information, P.W.1 went in search of his sister to neighbouring villages & returned long after to find that the dead body of his sister was lying in a ditch in the brick kiln on being covered by raw bricks. 14. The crime was committed on a holiday when the works except the maintenance staff were absent. It appears the accused persons were standing near the place of occurrence when the informant went to the river side where the brick kiln was situated in search of his missing sister. The fact that the accused-Appellant a query being made misguided P.W.1 & sent him in a wrong direction goes a long way to reveal his conduct. Conduct of an accused throws a strong suspicion with regard to his involvement with the alleged crime. According to Learned Addl. Government Advocate the fact that the accused persons intentionally misguided P.W.I in a wrong direction reveals that they wanted to suppress their evil act as long as possible. In other words, if they were not involved with the alleged crime there was no reason for them to misguide P.W.I. Perusal of the entire evidence reveals that the prosecution after conducting investigation & avoiding ail probabilities & being sure that the accused persons committed the offence or otherwise were involved in the alleged offence arrested them. After arresting the accused persons they were sent for medical examination under police requisition. They were examined by P.W.12, the doctor. The report submitted by P.W.12 is marked as Ext. 10. According to Mr. Patnaik the accused-Appellant was examined on 24.3.1997 preliminarily & thereafter on 26.3.1997. It is submitted rather forcefully that the report of the medical examination made on 24.3.1997 has not seen the light of the day. Thus, a Suspicion arises as to whether there was in fact an injury on the private part of the Appellant on the said date. 15. Ext.10 coupled with the evidence of P.W.12 reveals that on 24.3.1997 the accused was only preliminarily examined & the full examination was conducted on 26.3.1997. On such examination P.W.12 who is an Asst. Thus, a Suspicion arises as to whether there was in fact an injury on the private part of the Appellant on the said date. 15. Ext.10 coupled with the evidence of P.W.12 reveals that on 24.3.1997 the accused was only preliminarily examined & the full examination was conducted on 26.3.1997. On such examination P.W.12 who is an Asst. Professor in the department of FMT, 8.C.B. Medical College-Hospital, Cuttack, found his frenum penile organ was ruptured of size 1/2 cm x1/8 cm. In his deposition he had stated that the same was found painful on touch & serous blood was oozing from it. After examination he had opined that such injury on the frenum penile was caused during forceful sexual intercourse. P.W.12 also examined the other accused persons on the same day, but then found no injury on their private parts. 16. According to "Modi's Medical Jurisprudence & Toxicology" injuries to the genital parts may result from force exerted by the accused or from force applied by the victim. In addition to scratches or lacerations on the penis caused by the finger nails of the victim during a struggle, an abrasion or a laceration may be discovered on the prepuce or glans penis, but more often on the fraenum, due to the forcible introduction of the organ into the narrow vagina of a virgin, especially of a child. Thus, the report of the doctor (P.W.12) who had examined the accused tallies with the observations made by Modi's Medical Jurisprudence & Toxicology. 17. Admittedly, the Appellant is a 28 years healthy man whereas the victim was only an eleven years girl. The post mortem report reveals that there was not only attempt to rape but also sodomy committed on the girl of such tender age. After going through the observations made by Modi's Medical Jurisprudence & Toxicology & the report (Ext. 10) of the doctor (P.W.12) as well as taking into consideration the conduct of the Appellant, this Court finds that the prosecution was able to establish its case beyond all reasonable doubt that the Appellant had committed the alleged offences punishable under Sections 302, 376, 377 & 201 of the Indian Penal Code. Therefore, the conclusion arrived at by the Sessions Judge after threadbare discussion of the evidence suffers from no infirmity. 18. Therefore, the conclusion arrived at by the Sessions Judge after threadbare discussion of the evidence suffers from no infirmity. 18. In view of the discussions made above, we find that there is no escape from the conclusion that it was the Appellant who committed rape & sodomy & murdered the deceased by throttling & that the prosecution has been able to prove its case under Sections 302, 376, 377 & 201 of the Indian Penal Code against the Appellant beyond all reasonable doubt & that the impugned Judgment of conviction & sentence does not warrant any interference. Accordingly, the Criminal Appeal stands dismissed. S.C. Parija, J. 19. I agree. Final Result : Dismissed