C.R. Sarma,J.;— This appeal is directed against the judgment and order dated 27.02.2009 passed by the learned Sessions Judge No. 2 (FTC), Tinsukia in Sessions Case No. 64(CH)/2007. By the impugned judgment and order, the learned Sessions Judge convicted the appellant under Section 376 and 302IPC and accordingly sentenced him to suffer imprisonment for life and pay fine of Rs. 2,000/- in default suffer rigorous imprisonment for 3 months for his conviction under Section 302 IPC and suffer R.I. for 7 years and pay fine of Rs. 1,000/- in default suffer R.I. for 1 (one) month for his conviction under Section 376 IPC. 2. Aggrieved by the said conviction and sentence the appellant has come up with the appeal. 3. We have heard Ms. M. Bujarbaruah, learned Amicus Curiae, appearing for the appellant and Mr. D. Das, learned Addl. P.P., Assam appearing for the State respondent. 4. The prosecution case, in brief, is that, on 16.12.2006 at about 2 p.m. the informant's minor daughter (PW-1) went to the garden (Tea garden; for collecting Tire wood Smti. Mompi Bhumij (PW-4), Smti. Sunita Mura (PW-5) and Smti. Bandana Mura (PW-6) also went there to collect fire wood, where the appellant, being the single male person, was cutting trees. The appellant, who was cutting trees, in the same place, asked the PW-4 to go home leaving the deceased, on the plea that the deceased would go after some time. Accordingly, PW-4, PW-5, and PW-6 left for their homes, leaving the deceased and the appellant therein. However, the deceased did not return home. On the next morning, at about 8 A.M., the dead body of the deceased was found, lying in a drain of the garden. The body was found without any under garment and her under garment was tied around her neck. Suspecting rape, followed by murder of the deceased, her father (PW-1) on 17.02.2006 lodged an FIR (Ext. 1) with the police. 5. On receipt of the said FIR, police registered a case under Section 376/302 IPC and launched investigation into the matter. Accordingly police visited the place of occurrence found the dead body, lying in a drain, prepared inquest report (Ext. 3), prepared sketch map of the place of occurrence, forwarded the dead body for post mortem examination, examined the witnesses, recorded their statements and arrested the appellant. Accordingly police visited the place of occurrence found the dead body, lying in a drain, prepared inquest report (Ext. 3), prepared sketch map of the place of occurrence, forwarded the dead body for post mortem examination, examined the witnesses, recorded their statements and arrested the appellant. At the close of the investigation police submitted charge-sheet under Section 376/302 IPC against the appellant. The offence, being exclusively triable by the Court of Sessions, the learned SDJM, Sapakhowa, Sadia committed the case to the Court of Sessions. The learned Sessions Judge framed charges under Section 376/302 IPC. The charges were read over and explained to the accused person, to which he pleaded not guilty and claimed to be tried. In order to prove their case, prosecution examined, as many as, 18 witnesses, including the medical officer (PW-7), who performed the autopsy, the Circle Officer (P W-16), who visited the place of occurrence for conducting the inquest of the dead body and the investigating police officers (P W-17 and P W-18). At the close of the evidence for the prosecution, the accused person was examined under Section 313 Cr.P.C.. He denied the allegations, brought against him and declined to adduce defence evidence. His plea was that he was falsely implicated with the alleged offence in this case. Considering the evidence on record the learned Sessions Judge convicted and sentenced the appellant as indicated above. 6. Ms. M. Buzarbaruah, learned Amicus Curiae, appearing for the appellant, taking us through the evidence, on record, has submitted that there is no direct evidence against the appellant and as such the learned Sessions Judge committed error by holding the appellant guilty of the offence under Section 302/376IPC. The learned Amicus Curiae has also submitted that the prosecution has failed to substantiate the charges, brought against the appellant, by adducing sufficient cogent and reliable evidence and as such the impugned conviction and sentences can not be maintained. It is submitted, on behalf of the appellant, that the impugned conviction and sentences are liable to be set aside and that the appellant is entitled to be acquitted. 7. Refuting the said argument, advanced by the learned Amicus Curiae, Mr. D. Das, learned Addl. It is submitted, on behalf of the appellant, that the impugned conviction and sentences are liable to be set aside and that the appellant is entitled to be acquitted. 7. Refuting the said argument, advanced by the learned Amicus Curiae, Mr. D. Das, learned Addl. P.P., Assam, referring to the circumstantial as well as the medical evidence, more particularly, the evidence given by PW-4, PW-5 and PW-6 has submitted that the deceased was last seen in companion of the appellant and subsequently her dead body was found in naked condition. In view of the above, the learned Addl. P.P. has strenuously argued that, applying the last seen theory as well as the circumstantial evidence, it can be safely concluded that, none other than, the appellant had committed the crime and as such the learned Sessions Judge committed no error by convicting the appellant. In order to appreciate the counter argument, advanced by the learned counsel, appearing for both the parties and to examine the correctness of the impugned judgment and order, we feel it appropriate to, briefly, scan the evidence on record. 8. There is no dispute that the dead body of the deceased was found on the next morning i.e. on 17.12.06, in a drain of garden No. 6, in naked condition. The inquest report (Ext. 3) which was prepared by one of the investigating officers (PW-17), at the instruction of the Circle Officer(PW-16), indicates that the deceased was found wearing a redish vest without any under garment. Her salwar pant was found tied around her neck. The said officer, at the time of preparation of the inquest report, found scratch marks in the lower portion of the body and blood like reddish marks in her private parts. The evidence given by PW-16 and PW-17, in support of the said inquest report (ext. 7), remained unchallenged. 9. The medical officer (PW-7), who performed the post mortem examination, in respect of the dead body of the deceased, on 17.12.06, stated that the dead body was found with a red colour frock and that a trouser was tied around the neck with a knot. Discharge was found in both the nostrils. 7), remained unchallenged. 9. The medical officer (PW-7), who performed the post mortem examination, in respect of the dead body of the deceased, on 17.12.06, stated that the dead body was found with a red colour frock and that a trouser was tied around the neck with a knot. Discharge was found in both the nostrils. Upon examination, the medical officer found the following injuries:- "Ligature mark : One continuous ligature mark is present above the thyroid chartilarge of size 3 cm breadth and 25 cm length, Knot is present over anterior aspect of nect at mid line. The skin under ligature mark is dry and perchmantised. On dissention, tissue under ligature is pale and glistering. Patecheal haemorrhage present above and below the ligature mark. Cranium & Spinal Canal: Brain is congested. Liver, spleen and kidneys are congested. Laryax, both lungs and pericardium are congested, Mouth, pharynx, oesophagus are congested, Stomach healthy and contains half digested food materials. Small intestine healthy and contains digested food and gases and large intestine healthy and contains faecal matters. Blood stained discharge present through the vagina. Contusion is present over medial aspect of both thighs at places. Multiple curved in different sizes pressure abrasion is present over medial aspect of both thighs which is simulated with nail mark. While examining the vaginal smears, no spermatozoa could be detected in the vagina." 10. The medical officer opined that the death was caused due to asphyxia as a result of strangulation and that the injuries were anti- mortem. He also opined that the injuries, in an around the perineum, was due to introduction of foreign object into vaginal canal. He also indicated that the approximate time of death was 12 to 24 hours. He exhibited the post mortem report as Ext. No. 2.1 The defence declined to cross-examine the medical officer. Therefore, the said evidence, given by him, regarding the injuries and the cause of death of the deceased remained, un-controverted. The above medical evidence clearly suggests that some foreign object was inserted into the vagina of the deceased and she was killed by strangulation. The marks of injuries found on both the thighs as well as the injury caused in the vagina, due to insertion of foreign object, lead to the conclusion that the victim was raped and thereafter killed by strangulation. 11. Now, the question is who committed the said crime. The marks of injuries found on both the thighs as well as the injury caused in the vagina, due to insertion of foreign object, lead to the conclusion that the victim was raped and thereafter killed by strangulation. 11. Now, the question is who committed the said crime. Admittedly there is no direct evidence. However, there are several circumstantial evidence and the learned Trial Judge based the conviction on the circumstantial evidence. Therefore, we are required to examine if the circumstantial evidence, surfacing from the evidence of the witness, can be treated as sufficient evidence to substantiate the conviction of the appellant. Law is well settled that, in a case of circumstantial evidence, all the events of circumstances must form a complete chain, without any missing link, conclusively suggesting the guilt of the accused. Such circumstantial evidence must lead to the only conclusion that none other than the accused person committed the alleged offence. Such hypothesis should be inconsistent with the innocence of the accused person. In order to find out, if the attending circumstances lead to the only possible conclusion that it was none other than the appellant committed the alleged crime, we feel it appropriate to scrutinize the evidence, on record, as below. 12. Smti. Mampi Bhumij, aged about 10 years, deposing as PW-4, stated that when the appellant was cutting trees in the garden, she along with the deceased was collecting fire wood and that the appellant had asked her to go home saying that the deceased would go after some time. On being so asked, PW-4 left the place. Though this witness was cross-examined, on behalf of the defence, her said evidence remained unchallenged. Supporting the evidence of PW-4, Smti. Sunita Mura (PW-5) another 11 years old girl of the same locality stated that she along with the deceased, Smti. Bandana Mura (PW-6) and Smti. Mompi Bhumij (PW-4) were collecting fire wood and that the appellant was also cutting trees. This witness further stated that they left the place leaving the deceased, who continued to collect more fire wood. From her said evidence sufficient corrobo-ration, is found in favour of the evidence given by PW-4, to believe that that they left the place, leaving the deceased and the appellant therein. In tune with the evidence of PW-4 and PW-5, Smti. This witness further stated that they left the place leaving the deceased, who continued to collect more fire wood. From her said evidence sufficient corrobo-ration, is found in favour of the evidence given by PW-4, to believe that that they left the place, leaving the deceased and the appellant therein. In tune with the evidence of PW-4 and PW-5, Smti. Bandana Mura, deposing as PW-6, clearly stated that when she along with the deceased, Mompi Bhumij PW-4 and Sunita Mura PW-5 were collecting fire wood, the appellant was cutting trees and all of them had left the place except the deceased. Carefully perusing the said evidence of P W-4,5 and 6, it is found that the said witness left the deceased, in the company of the appellant. Therefore, it has been clearly established that the deceased was in the company of the appellant to the exclusion of others. The appellant also, during his examination under Section 313 Cr.P.C., in respect of question Nos. 6,7 and 8, stated that he was cutting trees in the place of occurrence. However, he stated that he did not know about the presence of any other person. From the said statement, made by the appellant, it has been established that he was present in the place, wherefrom the deceased and the PW Nos. 4, 5 and 6 were collecting fire wood. The categorical statement, given by PW No. 4, which remained un-controverted, clearly indicates that the appellant had shown some interest for keeping the deceased, alone, with him and as such he wanted others to leave. Therefore, he had asked the PW-4 to leave early. This interest resulted the rape followed by murder of the deceased. PW Nos.-5 and 6 also supported the evidence of PW-4 that they had left the place, from where they were collecting the fire wood, leaving the deceased. In view of the above, there is no difficulty in understanding that the deceased was last seen in the company of the appellant. In the case of Pohalya Motya Valvi Vs. PW Nos.-5 and 6 also supported the evidence of PW-4 that they had left the place, from where they were collecting the fire wood, leaving the deceased. In view of the above, there is no difficulty in understanding that the deceased was last seen in the company of the appellant. In the case of Pohalya Motya Valvi Vs. State of Maharashtra reported in (1980) 1 SCC 530 , the Supreme Court observed that ordinarily, when a person is accused of committing murder of another, the fact that the accused and the deceased were last seen alive in company of each other and the failure of the accused to satisfactorily account for the disappearance of the deceased is considered a circumstance of an incriminating character. From the evidence, on record, it is found that, after the P Ws-4,5 and 6 had left the deceased in the company of the appellant, she did not return home. Subsequently her dead body was found in a drain of the garden. There is nothing to show that the deceased had left the appellant and fallen in the company of any other person except the appellant alive during the intervening period. In view of the provision prescribed by Section 106 of the Indian Evidence Act burden lies on the appellant to explain as to what had happened after he had left the deceased. In the present case, the appellant, with whom the deceased was last seen by PW-4 and others, has not put forward any explanation to establish his innocence. It was his duty to explain as to when he had left the deceased or as to how she met with her death. This failure, on the part of the appellant to satisfactorily account for disappearance/death of the deceased, strongly goes against him. Therefore, the fact that the appellant and the deceased were last seen alive in the company of each other and failure of the appellant to satisfactorily explain about the circumstances leading to the death of the deceased is a strong circumstance of incriminating character. 13. From the above discussed medical evidence and the circumstance, in which the dead body of the deceased was found, clearly lead to the only conclusion that the deceased was killed by strangulation after committing rape on her. As discussed above, in the case at hand, the following circumstances have been established by adducing cogent and reliable evidence. 13. From the above discussed medical evidence and the circumstance, in which the dead body of the deceased was found, clearly lead to the only conclusion that the deceased was killed by strangulation after committing rape on her. As discussed above, in the case at hand, the following circumstances have been established by adducing cogent and reliable evidence. (i) PW Nos. 4, 5 and 6 and the deceased were collecting fire wood from the place where the appellant was cutting trees. (ii) The appellant was the only male person present there. (iii) The appellant asked PW-4 to leave early, leaving the deceased therein, on the plea that she would go after some time. (iv) By the said instruction (to PW-4), the appellant had shown some interest to keep the deceased alone with him. (v) P W Nos. -5 and 6 also stated that they had left the place, leaving the deceased, where the appellant was cutting trees. (vi) The appellant had returned home, but the deceased never returned alive. (vii) The deceased died due to strangulation with her under garment. (viii) There was injury in her private part as well as both thighs. (ix) There is evidence of inserting object into her vagina. (x) Scratch mark was found on the waist of the appellant. (xi) There is evidence of putting resistance by the deceased and sustaining injury by the appellant on his waist. (xii) On the next morning her dead body, with injuries on her private parts, both thighs and strangulation mark on the neck, was found lying in a drain of the garden. (xiii) As per the medical opinion a continuous ligature mark, suggesting strangulation, was found. (xiv) The appellant admitted, in his statement, recorded under Section 313 Cr.P.C., that he was cutting trees in the same place wherefrom the deceased and P W Nos. 4,5 and 6 collected fire wood. The appellant answered in positive to the following question as follows :- "Question No. 6. : PW-5 Smt. Sunita Mura has stated in evidence that on the day of occurrence when (deceased) Deepa Rajak, Bandana, Mompi and PW-5 herself went to collect firewood, then you had been cutting tree there. What do you say in this regard ? The appellant answered in positive to the following question as follows :- "Question No. 6. : PW-5 Smt. Sunita Mura has stated in evidence that on the day of occurrence when (deceased) Deepa Rajak, Bandana, Mompi and PW-5 herself went to collect firewood, then you had been cutting tree there. What do you say in this regard ? Answer : Yes, I went there to cut tree." This answer, given by the appellant, clearly indicates that he was cutting trees in the place, from where the deceased, along with the said witnesses, collected fire wood. From the above discussed circumstances, which have emerged from the evidence of the prosecution witnesses, it is found that all the above mentioned events form a complete chain, irresistibly leading to the conclusion that the deceased was last seen in the company of the appellant and subsequently she died due to strangulation. The medical evidence, on record, indicates that she was subjected to rape before she was killed. We have already noticed that the appellant failed to put forward any explanation, indicating the circumstance leading to the death and rape of the deceased. He has not stated that he had left the place leaving the deceased there or that the deceased had left him. Therefore, we are of the considered opinion that the prosecution has been able to establish the incriminating circumstances indicating the involvement of the appellant with the death of the deceased. 14. Sri Ashok Rajak, PW-1, father of the deceased, who lodged the FIR and other independent witnesses, namely, Sri Sankar Rajak, PW-2, Sri Tarzen Nayk, PW-3, Sri Ananta Tanti, PW-8, Sri Mangal Bawri, PW-9, Sri Maneswar Rajak, PW-10, Sri Sukta Tasa, P W-11, Sri Rameswar Birsa, P W-12, Sri Moheswar Tanti,PW-13, Sri Ashok Tanti, PW-14, Sri Raju Sabar, PW-15 and Sri Sanjib Kr. Barhoi, PW-16, stated about the recovery of the dead body of the deceased on the next morning. All of them stated that the appellant was arrested by the police, on being handed over by PW-10. They also stated that the appellant, while in police custody confessed his guilt The said confession, alleged to be made by the appellant, while in police custody, is hit by Section 26 of the Indian Evidence Act. Therefore, we find no force in the evidence of the said witnesses with regard to the alleged confession. 15. They also stated that the appellant, while in police custody confessed his guilt The said confession, alleged to be made by the appellant, while in police custody, is hit by Section 26 of the Indian Evidence Act. Therefore, we find no force in the evidence of the said witnesses with regard to the alleged confession. 15. However, PW10 aforesaid stated that, after recovery of the dead body, he had asked the children, who had accompanied the victim for collecting the fire wood and all of them had replied that the appellant was there. According to this witness he had called the appellant from his house and upon examination found scratch mark on his waist. There is no cross-examination or denial in respect of the injury found on the waist of the appellant. Therefore, it stands established that the appellant sustained scratch mark on his waist. The medical officer also found scratch mark on both the thighs of the deceased. This indicates that she had put up resistance for which her assailant i.e. the appellant sustained the said injury. 16. Considering the above discussed circumstantial evidence and applying the last seen theory, we are inclined to hold that the prosecution could successfully establish, beyond all reasonable doubt that none other than the appellant had caused the death of the deceased after committing rape on her. Therefore, we find no merit in this appeal requiring interference with the impugned conviction and sentence. The appeal is dismissed. The impugned conviction and sentence are upheld and affirmed. While acknowledging the assistance rendered by Smti. M. Bujarbaruah, learned Amicus Curiae, we direct that an amount of Rupees five thousand be paid to her as her remuneration by the Assam State Legal Services Authority. Return the LCR. _____________