Judgment JORA SINGH, J. 1. The aforesaid two appeals have been filed by appellant Kashmir Singh against his conviction, one filed through his counsel and second through jail. 2. Crl. Appeal No.523-DB of 2001 was filed by Kashmir Singh impugn the judgment dated 6.8.2001 rendered by Sessions Judge, Jalandhar and Crl. Appeal no.358-DB of 2002 was also filed by Kashmir Singh through jail to impugn the same judgment. By the judgment dated 6.8.2001, Kashmir Singh was convicted under Sec.302 and Sec.376 IPC. Under Sec.302 IPC, Kashmir Singh was directed to undergo life imprisonment and to pay a fine of Rs.10,000/- and in default of payment of fine, he was further directed to undergo RI for a period of six months. Under Sec.376 IPC, appellant was directed to undergo ri for a period of 10 years and to pay a fine of Rs.5000/-. In default of payment of fine, he was further directed to undergo RI for a period of three months. Both the substantive sentences were ordered to run concurrently. Out of fine recovered, an amount of Rs.10,000/- was ordered to be paid to Lal Singh, father of the deceased. 3. Prosecution story, in brief, is that Lal Singh alias Lali on 16.10.1999 at 8:15 a. m reported the matter to police party headed by ASI gurmail Singh while present near chowk Pokhaiwal to the effect that he is the resident of Village Sangowal. He has two sons and one daughter namely Lado, aged about three years. On 15.10.1999 at about 11:00 a. m, Lado had gone outside the house for playing. At that time, she was wearing a shirt and salwar. But she failed to return till evening. They had made an effort to trace Lado but she was not traceable. Announcements were made through public address system by Mohinder Singh Granthi in village Sangowal and also in the adjoining villages. Today at 6:30 a. m, he along with his brother Chhota Lally, Piara Singh and Sukhdev Singh while searching for his daughter Lado were present near the electric motor of kaul Dass of village Lidhran Kalan. Then they sighted Kashmir Singh alias Pappi while wrapping a chadar and concealing something in the fold of the chadar. They enquired from Kashmir Singh as to what he was concealing, then Kashmir singh threw the dead body of a child in the heap of manure and fled away from the spot. Then they sighted Kashmir Singh alias Pappi while wrapping a chadar and concealing something in the fold of the chadar. They enquired from Kashmir Singh as to what he was concealing, then Kashmir singh threw the dead body of a child in the heap of manure and fled away from the spot. They tried to apprehend him but failed. After going near the dead body, the same was found to be of Lado. There was only a shirt on the person of lado with a string around her neck. After committing rape, he had murdered lado and threw her dead body on the heap of manure. Chhota Lally, Piara Singh and Sukhdev Singh were deputed to guard the dead body. Lal Singh alias Lally and Kundan Singh, Sarpanch had gone to the Police Station to lodge report. Near Phokhaiwal Chowk, police had met the complainant. Statement of Lal Singh was recorded which was signed by him after admitting the same to be correct. After making endorsement at 8:15 a. m on 16.10.1999, statement was sent to the police Station on the basis of which, formal FIR was recorded. 4. Asi, Gurmail Singh along with the party had gone to the place of occurrence. Photographs of the dead body were got clicked. Inquest report was prepared. Dead body was sent to hospital for post mortem examination. Rough site plan with correct marginal notes was prepared. Statements of the witnesses were recorded. Raid was conducted to apprehend the accused but house of the accused was found locked. Near chowk pokhaiwal, SHO Kashmir Singh along with the accused had met the party of ASI, gurmail Singh. On return to the police station, case property was deposited with the MHC. On 19.10.1999, accused was interrogated by the SHO. Accused suffered disclosure statement that he has kept concealed blood stained salwar and blood stained gunny bag underneath the bricks which are lying in the courtyard of his house. Disclosure statement of the accused Ex. PX was recorded which was attested by the witnesses. In pursuance of the disclosure statement, accused got recovered one salwar and gunny bag stained with blood which were sealed separately with the seal bearing impression ks. Sealed parcel was taken into police possession. After completion of the investigation, challan was presented. 5. Disclosure statement of the accused Ex. PX was recorded which was attested by the witnesses. In pursuance of the disclosure statement, accused got recovered one salwar and gunny bag stained with blood which were sealed separately with the seal bearing impression ks. Sealed parcel was taken into police possession. After completion of the investigation, challan was presented. 5. Vide order dated 10.1.2000 passed by the Judicial Magistrate First class, Phillaur, case was committed to the Court of Sessions for trial. Accused was charged under Sections 302, 376, 201 IPC. Accused did not plead guilty and claimed trial. Prosecution examined following witnesses: pw-1, Dr. Rahul Chopra, Medical Officer, PHC, Bilga had medico legally examined accused on 17.10.1999 and found him fit to perform sexual intercourse. Statements of PW-2 Head Constable Harpal Singh, PW-3 Constable Ram parkash, PW-4 Constable Avtar Singh, PW-6 Dalip Singh Draftsman, PW-7 Head constable Amarjit Singh, PW-13 Harison Constable are of formal nature. PW-5, Dr. Usha Kumari Sidhu on 16.10.1999 at 1:45 p. m had conducted post mortem examination on the dead body of Lado. She had found ligature mark on the front of neck along with the yellow rope and observed that: 6. On dissection underlying tissues were decomposed. On further dissection, trachea was congested frothy blood stained mucous was present on the lumen of trachea. Stanoclede mastoid muscle and carotid sheath was ruptured. Ligature mark was present obliquely over the front of neck measuring 15 cm x 2 cm extending from right angle of mandible and place higher in the neck. Following injuries were found on her body:- 1) Multiple small abrasions were present on the front of the chest.2) An abrasion 3.5 cm was present on the right cheek.3) An abrasion of 1 cm x 1.5 cm was present on the chin below the lower lip. 7. On examination, vulva was blood stained, hymen was absent. Urethra was ruptured. Perineal body was ruptured. Wall of the vagina on lower and lateral sides i. e skin, sub cutaneous tissues and muscle tear were present. 8. As per the opinion of the doctor, cause of death was due to strangulation and injury no.4 which were sufficient to cause death in the natural course of events. Probable time between injuries and death was within few minutes and between death and post mortem was within 24 hours. 9. 8. As per the opinion of the doctor, cause of death was due to strangulation and injury no.4 which were sufficient to cause death in the natural course of events. Probable time between injuries and death was within few minutes and between death and post mortem was within 24 hours. 9. Pw-8, Lal Singh, father of the deceased and PW-9, Chhota Lally, brother of Lal Singh supported the prosecution story by saying that Lado was missing w. e. f 15.10.1999. At 11.00 am on 15.10.99, Lado had gone outside the house to play but failed to return. An effort was made to trace her. Announcement was made in the village Sangowal and the adjoining villages but lado was not traceable. On 16.101999 at about 6:30 a. m, they were present near the motor of Kaul Dass then sighted accused while wrapping a chadar. They observed that in the fold of chadar, he was concealing something. Enquiry was made from him as to what he is carrying in the fold of chadar then accused had thrown the dead body of a child and fled away from the spot. Dead body was found to be of Lado. At that time, there was only a shirt on the person of Lado and a string around her neck. An effort was made to apprehend Kashmir Singh but they failed to apprehend him. 10. Pw-10, Kundan Singh was with Lal Singh when they had gone to report the matter to the police. PW-11, Jeet Singh ex-sarpanch of village Sangowal stated that on 16.10.1999 at about 12:00/1:00 p. m, Kashmir Singh came and made an extra judicial confession before him by saying that he had raped and murdered Lado. He had thrown her dead body in the heap of manure and complainant-party noticed him near the motor of Kaul Dass. Kashmir Singh was produced before the police. He had produced his shirt stained with blood and the same was taken into police possession vide memo attested by the witnesses. PW-12, Joginder Singh stated that on 15.10.1999 at 12:00 noon he had seen Kashmir Singh while taking Lado inside his house. PW-14, ASI, Gurmail Singh is the Investigating Officer. PW-15, SI, kashmir Singh had partly investigated the case in hand. As per disclosure statement of the accused, he had recovered a blood stained salwar and gunny bag and the same were separately sealed. 11. PW-14, ASI, Gurmail Singh is the Investigating Officer. PW-15, SI, kashmir Singh had partly investigated the case in hand. As per disclosure statement of the accused, he had recovered a blood stained salwar and gunny bag and the same were separately sealed. 11. After the close of prosecution evidence, statement of the accused was recorded under Sec.313 Cr. P. C. Accused denied all the allegations of the prosecution and pleaded to be innocent. Defence version of the accused is that he was falsely implicated in this case due to party faction in the village at the instance of Ex-Sarpanch Kundan Singh and Lal Singh because they wanted to take possession of the land which was in his possession. In defence DW-1, lal Singh was examined, who stated that Kundan Singh and Jit Singh had contested election for the post of Sarpanch against him. Some boys came and reported that Kashmir Singh was apprehended by them. He had gone to the spot and requested the boys not to beat Kashmir Singh. He brought the police. Kashmir Singh was arrested. Dead body of the girl was lying at the distance of 20 karams from phirni. No recovery was effected in his presence. Land of Kashmir Singh was ploughed forcibly by Jit Singh. Kashmir Singh was implicated in this case due to party faction. DW-2, Jaswinder Kaur is the wife of the accused and stated that on 15.10.1999, she was in her house along with her children. Kashmir Singh was also present in the house throughout the day and night. On 16.10.1999 at about 6:00 a. m Kashmir Singh had gone outside the house and after two hour she was informed by the villagers that Jit Singh and Kundan Singh had taken away kashmir Singh and got him falsely implicated in this case. In the election they had supported Lal Singh Sarpanch who had contested election against Kundan singh and Jit Singh. Police did not visit her house. 12. After hearing learned Public Prosecutor for the State, learned counsel for the accused and from the perusal of the evidence on file, trial court had convicted the accused under Sec.302 and Sec.376 IPC and sentenced him as stated aforesaid vide the impugned judgment which is under challenge in the present appeal. We have heard learned counsel for the appellant, learned State counsel and have gone through the evidence on file. We have heard learned counsel for the appellant, learned State counsel and have gone through the evidence on file. Learned counsel for the appellant argued that there is delay in lodging the fir. Delay was not explained. There was party faction in the village. Due to party faction, appellant-accused was implicated in this case. State counsel argued that there was no delay in lodging the FIR. On 15.10.1999 at 11:00 a. m, Lado had gone outside to play but failed to return. Complainant-party had made an effort to locate Lado but she was not traceable. Announcement was made in the village Sangowal and the adjoining villages that Lado aged about three years is missing. On 15.10.99, Joginder Singh had seen Lado in the company of the appellant while going inside his house. Lal Singh and his brother Chhota Lally along with Piara Singh Sukhdev Singh and Sohan Singh were present near Electric motor of Kaul Dass while searching for Lado. They sighted the accused while concealing something in the fold of chadar. Complainant-party enquired from the accused as to what is in the chadar then after throwing the dead body, appellant-accused had fled away from the spot. Dead body was found to be of lado. Intimation was given to the police. On the same day, appellant-accused had made extra judicial confession before Jit Singh. He had produced appellant-accused before the police. As per disclosure statement suffered by the appellant-accused, salwar and gunny bag stained with blood were recovered. According to the doctor, firstly Lado was raped then she was murdered. Semen was noticed on the swabs taken from the vagina of the deceased. Salwar and gunny bag were also found to be stained with blood. No documentary proof on the file that appellant-accused was cultivating land and the opposite party tried to take possession of that land. No evidence on the file that there was a party faction in the village. Complainant-party had no enmity with the appellant-accused. So by murdering three year old daughter of Lal Singh, complainant-party was not expected to implicate the appellant-accused by saying that firstly his daughter was raped and then murdered. 13. First submission of the learned counsel for the appellant- accused was that there is delay in lodging the FIR. But submission of the learned counsel seems to be not reasonable one. 13. First submission of the learned counsel for the appellant- accused was that there is delay in lodging the FIR. But submission of the learned counsel seems to be not reasonable one. We have gone through the evidence on file and are of the opinion that delay, if any, was fully explained. On 15.10.1999 at about 11:00 a. m, Lado daughter of Lal Singh aged about three years, had gone outside to play but had failed to return. 14. Lal Singh PW-8 and Chota Lally PW-9 stated that on 15.10.1999 at 11:00 am, Lado had gone outside to play but failed to return. They made an effort to trace her but she was not traceable. Announcement was through public address system by Mohinder Singh Granthi of Sangowal Gurudwara. On the next date i. e 16.10.1999, Lal Singh, Chhota Lally, Piara singh, Sukhdev Singh and sohan Singh had gone outside to trace her daughter Lado. On the next day at about 6:00 a. m, they were present near the electric motor of Kaul Dass, then sighted Kashmir Singh, appellant while wrapping a chadar around him. Underneath chadar he had concealed something, complainant-party enquired from the appellant-accused as to what is in the fold of chadar concealed by him then appellant- accused had thrown dead body in the heap of manure and had fled away from the spot. Effort was made to apprehend the appellant- accused but complainant-party failed to apprehend. Dead body was found to be of Lado. There was only a shirt on the person of Lado. Lal Singh with Kundan Singh had gone to lodge report, near the chowk of Pokhaiwal. ASI, Gurmail Singh had met the complainant party. Statement of Lal Singh was recorded and on 8:15 p. m after making endorsement, statement was sent to the police station, on the basis of which formal FIR was recorded. On 15.10.1999, matter was not brought to the notice of the police because Lado used to go outside to play with the children. When Lado failed to return till evening then complainant-party had made an effort to trace her. Announcement was made in the Village Sangowal and adjoining villages through public address system. Specific allegation of the complainant-party was that announcements was by Mohinder Singh Granthi. If the allegation of the prosecution is not correct one then Mohinder Singh Granthi could easily be produced in defence. Announcement was made in the Village Sangowal and adjoining villages through public address system. Specific allegation of the complainant-party was that announcements was by Mohinder Singh Granthi. If the allegation of the prosecution is not correct one then Mohinder Singh Granthi could easily be produced in defence. DW-1, Lal Singh on cross-examination admitted that dead body of a girl was lying near the electric motor of Kaul dass. He again admitted that girl was missing since previous evening and announcement was made in the village from the public address system of gurudwara Sangowal. When complainant-party failed to trace Lado then on the next day i. e 16.10.1999, complainant-party was going to trace the girl but near the motor of Kaul Dass, appellant-accused was sighted and had fled away from the spot by throwing the dead body of Lado. Thereafter matter was reported to the police. That means there is no delay. Delay if any is one of the suspicious circumstance to scrutinize the evidence with great care and caution. Delay itself is not sufficient for the acquittal of the appellant-accused. Next submission of the learned counsel for the appellant- accused was that due to party faction, appellant-accused was implicated but this allegation is also not correct one. Firstly there is no evidence on the file that there was party faction in the village. When there is election then someone is supposed to contest election against another. That means if Jit Singh and Kundan Singh had contested election for the post of Sarpanch against Lal Singh, then there is no reason to implicate the appellant-accused. Lal Singh, DW-1 was expected to be inimical towards Jit Singh or Kundan Singh. In that case, Kundan Singh and Jit singh were expected to implicate Lal Singh. Appellant-accused is not related to lal Singh, DW-1. Jit Singh PW-11 is the relative of the appellant-accused. Before Jit Singh, appellant-accused had made extra judicial confession. Jit singh had produced appellant-accused before the police. Appellant-accused had produced a shirt before the police and the same was taken into police possession. Later on as per disclosure statement, appellant-accused got recovered a salwar and gunny bag stained with blood, which were separately sealed. As per report of the laboratory, blood was noticed on the salwar, gunny bag and shirt of the appellant-accused. As per report of the doctor, ligature mark was noticed around the neck of the deceased. Later on as per disclosure statement, appellant-accused got recovered a salwar and gunny bag stained with blood, which were separately sealed. As per report of the laboratory, blood was noticed on the salwar, gunny bag and shirt of the appellant-accused. As per report of the doctor, ligature mark was noticed around the neck of the deceased. Injuries on the chest, cheek and lower lip were also noticed. Hymen was found absent. Semen was found on the vaginal swab and slide. Doctor categorically stated that Lado was raped before death. Death was due to strangulation and injury no.4. If there was party faction then complainant-party was not expected to murder three years old daughter and then level allegation that she was raped and murdered by the appellant-accused. Without murder of minor child, complainant-party could level allegation against the appellant- accused that he had stolen some articles of the complainant-party. According to the defence version, appellant-accused was falsely implicated at the instance of Kundan Singh, Lal Singh because they wanted to take possession of the land in possession of the appellant- accused. Firstly, there is no evidence on the file that the appellant was in possession of any khasra number. If Kundan Singh and Lal Singh were trying to take forcible possession of the land, then why no complaint to any authority was made. Appellant-accused could easily file suit for permanent injunction. Lal singh DW-1 in chief stated that he had contested election against Kundan Singh and Jit Singh. Some boys reported that Kashmir Singh was apprehended by them. He had gone towards the phirni then directed the boys not to beat Kashmir singh. That means, Kashmir Singh was given beatings but when Kashmir Singh was examined by the doctor then no injury was noticed on the person of Kashmir singh. DW-2, Jaswinder Kaur is the wife of the appellant-accused. Being his wife, she was supposed to support the defence version. In case appellant-accused was falsely implicated then why she remained silent she could easily report the matter to the police or send complaints to different authorities. Till today, no complaint to any authority. Defence version is an afterthought. Nothing to opine that appellant-accused was implicated due to party faction. 15. No other submission was put forward. 16. As a sequel to the above discussion, we are of the opinion that evidence on the file was rightly scrutinized by the trial Court. Till today, no complaint to any authority. Defence version is an afterthought. Nothing to opine that appellant-accused was implicated due to party faction. 15. No other submission was put forward. 16. As a sequel to the above discussion, we are of the opinion that evidence on the file was rightly scrutinized by the trial Court. We found no ground to interfere in the impugned judgment. Hence, the appeal filed by the appellant is dismissed.