U.C. Dhyani, J.— A complaint was written by Munni Devi, wife of Ahmad, resident of Kichha in Police Station Kichha (Udham Singh Nagar) regarding rape and killing of her daughter Noorjehan alias Lakho on 05.04.2004 by accused-appellant Shiv Dayal. The same was registered on 05.04.2004 at 5:25 p.m. The occurrence took place on the same day, sometimes between 8:00 a.m. to 11 a.m. The distance between the place of occurrence and Police Station was five kilometers and hence, there appeared to be no delay in lodging the First Information Report. 2. On the basis of First Information Report, investigation of the case was conducted. A charge-sheet in relation to the offences punishable under sections 302/201/376 IPC was filed against the accused-appellant. When the trial commenced, charges in relation to offences punishable under Sections 376, 302 and 201 IPC were framed against the accused-appellant, to which he pleaded not guilty and claimed trial. 3. Prosecution examined as many as 10 witnesses namely, PW 1 Munni, PW 2 Mallo, PW 3 Sattar, PW 4 Constable Munish Chandra Sharma, PW 5 Zakir Husain, PW 6 Dr. Udai Shankar, PW 7 Bangla @ Pramod, PW 9 SI Ummed Singh Danu and PW 10 SI Brijesh Kumar Tyagi. Incriminating evidence was put to the accused under Section 313 Cr.P.C. Accused said that prosecution witnesses have told a lie and he has been falsely implicated in the case. After hearing both the sides, learned trial court convicted the accused-appelant for the offences punishable under Sections 302, 376 and 201 IPC and was sentenced appropriately. Aggrieved against the said judgment and order dated 06.12.2006, present criminal jail appeal was preferred. 4. Prosecution led the evidence through PW 1 Smt. Munni. She was the mother of victim, who proved complaint (Ext. Ka-1). She said that about 11 months ago (from the date of deposition), she along with her daughter Noorjehan alias Lakho and her neighbours Mallo and Anita went to cut the grass at 8:00 a.m. and they reached near kabristan. They stopped near railway line. PW 1 Munni told accused-appellant Shiv Dayal that they were coming back after cutting grass in Prag Farm and requested him (appellant) to send her daughter(victim) to home after the job of cutting grass was over. When PW 1 Munni came back near railway line again at 11:00 a.m., she found Shiv Dayal standing there.
They stopped near railway line. PW 1 Munni told accused-appellant Shiv Dayal that they were coming back after cutting grass in Prag Farm and requested him (appellant) to send her daughter(victim) to home after the job of cutting grass was over. When PW 1 Munni came back near railway line again at 11:00 a.m., she found Shiv Dayal standing there. Her daughter Noorjehan alias Lakho was not there. When PW 1 enquired about her daughter, Shiv Dayal replied that her daughter was sent to her home. PW 1 Munni came to her house, but did not see her daughter there. She thought that her daughter (victim) might be in the house of her maternal uncle. Mother of victim went there but did not find her daughter there either. She enquired about her daughter from other people, but to no avail. She took Kamruddin and Zakir along with her and approached accused-appellant again. When people caught hold of accused, he confessed that he has killed Lakho and has thrown her dead body into a nala. Appellant took them to a nala, whereupon the dead body of deceased was found and taken out from nala. Shiv Dayal fled away. Her (victim’s) dead body was found in naked condition. In the morning, she wore undergarment and salwar. Then PW 1 Munni wrote a complaint (Ext. Ka-1) to PS concerned. She was subjected to cross-examination by learned counsel for the accused-appellant, but nothing has come in her testimony, so as to cast doubt on her evidence. 5. PW 2 Smt. Mallo, who accompanied PW 1 Munni, corroborated the testimony of informant. She also said that when they came back near the railway line at 11:00 a.m., accused Shiv Dayal alone was standing there. Victim was not found there. When whereabouts of victim were enquired from Shiv Dayal, he said that victim was sent to her home after cutting grass. Later on, victim’s dead body was found in a nala on the pointing of appellant. PW 2 Mallo was also cross-examined at length but nothing came out in her testimony, to the benefit of accused-appellant. 6. PW 3 Sattar was the witness, before whom accused Shiv Dayal confessed his guilt and dead body of victim was found in nala on appellant’s disclosure and pointing. Shiv Dayal confessed that he killed victim. 7. PW 5 Zakir Husain also supported the evidence of PW 3 Sattar.
6. PW 3 Sattar was the witness, before whom accused Shiv Dayal confessed his guilt and dead body of victim was found in nala on appellant’s disclosure and pointing. Shiv Dayal confessed that he killed victim. 7. PW 5 Zakir Husain also supported the evidence of PW 3 Sattar. PW 5 Zakir Husain accompanied Kamruddin, PW3 Sattar and PW 1 Munni, when victim could not be traced out. When appellant was caught hold by them, only then he confessed his guilt, consequent upon which, victim’s dead body was taken out from nala. 8. PW 5 Zakir was also a signatory to recovery of undergarment (Ext. Ka-4). Such undergarment was recovered on the disclosure and pointing of accused Shiv Dayal, who also confessed his guilt before the Police. 9. PW 7 Bangla alias Pramod also supported prosecution story by saying that Shiv Dayal and victim Lakho were the last to be left (and seen) at the place, where grass was being cut. No other person was there. 10. PW 8 Doctor S.K.Sah, Medical Officer, medically examined appellant Shiv Dayal and opined that the appellant was capable of performing sexual intercourse. 11. PW 6 Doctor Udai Shankar conducted postmortem on the dead body of Noorjehan alias Lakho. Dr. Udai Shankar found contusions on the neck of dead body of victim. He also found fracture in her larynx. He also found contusions on her dead body. He also found contusion on the right side of wall of vagina at 7-8 O’ clock position and a small laceration at 6 O’ clock position. Vagina was filled up with blood. Hymen was torn. The cause of death of victim was strangulation. The death of victim was possible on 05.04.2004, between 8:00 a.m. to 12:00 noon. Vaginal swab and smear was sent for pathological examination. Medical Officer opined that rape was committed with victim, aged 7 years and thereafter, she was strangulated to death. Thus, reliable piece of last seen evidence was corroborated by the medical evidence. The prosecution witnesses, who tendered the evidence of having last seen victim in the company of appellant and, thereafter, recovery of dead body of victim on the disclosure and pointing of appellant were reliable one. The last seen evidence was duly corroborated by medical evidence, thereby leaving no scope for interference in the verdict given by the Court below. 12.
The prosecution witnesses, who tendered the evidence of having last seen victim in the company of appellant and, thereafter, recovery of dead body of victim on the disclosure and pointing of appellant were reliable one. The last seen evidence was duly corroborated by medical evidence, thereby leaving no scope for interference in the verdict given by the Court below. 12. Above all, most important piece of evidence was the report (Ext. Ka-16) of Forensic Science Laboratory, Agra. Underwear of victim and two slides were sent to Forensic Science Laboratory for examination. Assistant Director of the Laboratory found sperms and human semen of group ‘B’ in the undergarment and slides. A human may tell a lie but a human body will not. Thus, prosecution story is fully corroborated by such piece of evidence, which is admissible under Section 293 of Cr. P.C. 13. When the statement of accused-appellant under Section 313 Cr.P.C. was recorded, he simply denied the accusation. Learned Amicus Curiae pointed out small contradictions here and there in the testimony of prosecution witnesses but such facts of insignificant variance do not help the appellant at all. We have no other option, but to accept the finding arrived at by learned trial court on the basis of evidence on record. The appeal fails and is liable to be dismissed. 14. Impugned judgment, therefore, does not warrant any interference. The appeal of the appellant Shiv Dayal is thus dismissed. The judgment/order dated 06.12.2006 passed by learned Sessions Judge, Udham Singh Nagar is accordingly affirmed. The conviction/sentence awarded by learned trial court is also affirmed. Accused-appellant Shiv Dayal is in jail. He shall serve out the remaining part of sentence awarded to him by the Trial Court and thus affirmed by this Court. An information to this effect be given to Superintendent of Jail, where appellant Shiv Dayal is currently serving out the sentence. Let a copy of this judgment along with lower court record be sent back to the Court concerned for compliance. _____________