JUDGMENT SMT. Y.K. TAHILRAMANI, J.:- This appeal is directed by the appellant-original accused against the judgment and order dated 25.1.2008 passed by the learned Ad-hoc District Judge-2 and Additional Sessions Judge, Pune in Sessions Case No.290 of 2005. By the said judgment and order, the learned Sessions Judge convicted the appellant under Sections 376 (2) (f), 377, 302 and 404 of the Indian Penal Code (for short 'I.P.C.'). For the offence under Section 376(2)(f) of I.P.C., the appellant was sentenced to suffer imprisonment for life and to pay a fine of Rs.5,000/-, in default to suffer simple imprisonment for five months. For the offence under Section 377 of I.P.C., he was sentenced to suffer rigorous imprisonment for 10 years and to pay a fine of Rs.5,000/-, in default to suffer simple imprisonment for five months. For the offence under Section 302 of I.P.C., he was sentenced to suffer imprisonment for life and to pay fine of Rs.10,000/-, in default to suffer simple imprisonment for ten months, and for the offence under Section 404 of I.P.C., he was sentenced to suffer rigorous imprisonment for one year and to pay fine of Rs.2,000/-, in default to suffer simple imprisonment for two months. The learned Sessions Judge directed that all the substantive sentences shall run concurrently. The learned Sessions Judge further directed that out of fine amount, if recovered from the appellant, Rs.20,000/- be given to the parents of the victim girl by way of compensation. 2. The prosecution case briefly stated, is as under: PW-1 Nalini had two daughters. Out of them, one was Vaishali. Victim girl was the daughter of Vaishali. At the time of incident, the victim girl was nine years old and she was studying in third standard. The victim girl was staying alongwith her parents at Chakan. However, during holidays she used to stay with her grandmother PW-1 Nalini. At the time of incident, as the victim girl had holidays, she stayed at the house of grandmother PW-1 Nalini on 9.12.2004 and she was to return on 12.12.2004. On 12.12.2004, PW-1 Nalini prepared meals. PW-1 Nalini and the victim girl had their lunch and thereafter PW-1 Nalini was washing utensils. During that time, the victim girl was playing in front of the house near tamarind tree. On 12.12.2004, PW-1 Nalini prepared meals. PW-1 Nalini and the victim girl had their lunch and thereafter PW-1 Nalini was washing utensils. During that time, the victim girl was playing in front of the house near tamarind tree. Next to it, there was a field of Mahadeo Hari Pingali, who was the father-in-law of PW-1 Nalini and there was only grass in said field. Since few days prior to the incident, the appellant was doing work of removing congress grass in that field. Thereafter PW-1 Nalini got ready to take victim girl to her house, PW-1 Nalini gave call to victim girl, but she found that victim girl was missing. She then searched for her granddaughter, but she could not be traced. Hence, on next day, i.e., 13.12.2004, PW-1 Nalini went to the police station and lodged missing complaint (Exh.11). When victim girl was missing, she had worn red colour gown on her person. She was also wearing gold ear rings, nose ring and silver anklets on her person. While PW-1 was searching for her granddaughter, i.e., victim girl, PW-2 Kantaram told PW-1 Nalini that he had seen her granddaughter with the appellant at around 1.00 p.m. on the day when she was missing. PW-1 Nalini had also seen the appellant talking with her granddaughter since prior to two days of the incident whenever the victim girl was playing outside the house. After PW-2 Kantaram informed PW-1 Nalini that he had seen her granddaughter and the appellant together at about 1.00 p.m., PW1 Nalini went to the house of the appellant, who was resident of same village and asked him whereabouts of her granddaughter. However, the appellant gave evasive answers. On 17.12.2004, the body of granddaughter of PW-1 Nalini was found in field of Jawar crop. The condition in which the body was found clearly showed that the victim girl had been sexually assaulted. Hence, police constable PW-8 Shaikh lodged FIR (Exh.12) on behalf of the State. Thereafter, the dead body of victim girl was sent for postmortem. PW-5 Dr. Batte conducted autopsy on the corpse of the victim girl. On external examination of the corpse of victim girl, Dr. Batte found following injuries: (1) Vaginal wall oedamatous (2) Hymen torn anus torn vertically about 5 cms (3) Right limb absent from upper 1/3rd of forearm (a) Skin and soft tissue on face absent (b) Mandible on both sides absent. Batte conducted autopsy on the corpse of the victim girl. On external examination of the corpse of victim girl, Dr. Batte found following injuries: (1) Vaginal wall oedamatous (2) Hymen torn anus torn vertically about 5 cms (3) Right limb absent from upper 1/3rd of forearm (a) Skin and soft tissue on face absent (b) Mandible on both sides absent. (c) All the soft tissue on the neck is absent till cervical spine anteriorly (d) Right arm decomposed left arm decomposed (e) Neck tissue decomposed, maggots present in the neck soft tissues (f) Maggots present anteriorly on the chest, both axillae and abdomen (g) Contusion right knee joint with abrasion ½ cm diameters blackened and oedematous, one week old. According to Dr. Batte, on internal examination of corpse of the victim girl, he found 1st rib on right side fractured, larynyx trachea and bronchi, right lung, left lung and pericardium congested. According to Dr. Batte, the injuries of anal and vaginal tear can be caused due to forceful intercourse or rape. Injuries of fracture of ribs are possible by force used during forcible sexual intercourse looking to the age of the girl. The congestion of the internal organs noticed is possible, if pressure is used on neck or respiratory organs while committing rape or otherwise. Dr. Batte has opined the cause of death of victim girl was due to "forceful anal tear and vaginal hymen tear with asphyxia". The appellant was arrested on next day, i.e., on 18.12.2004 and he was sent for medical examination. PW-5 Dr. Batte examined the appellant and he found the following injuries on the person of the appellant. (a) abrasion on little finger 1/4th cm diameter (b) sprain right elbow joint (c) pain in abdomen (d) healed abrasion on glans, penis ¼ cm diameter (e) healed abrasion on slan (postside of penis) about ½ cm long x 1cm broad During the course of investigation, certain articles belonging to the deceased girl as well as the shirt and pant worn by the appellant at the time of commission of offence, came to be recovered at the instance of the appellant. After completion of investigation, charge-sheet came to be filed against the appellant. In due course, the case was committed to the Court of Sessions. 3. After completion of investigation, charge-sheet came to be filed against the appellant. In due course, the case was committed to the Court of Sessions. 3. Charge came to be framed against the appellant under sections 376 (2)(f), 377, 302 and 404 of I.P.C. The appellant pleaded not guilty to the said charge and claimed to be tried. The defence of the appellant is that of total denial and false implication. After going through the evidence adduced in this case, the learned Ad-hoc District Judge-2 & Additional Sessions Judge, convicted and sentenced the appellant as stated in para I above. Hence, this appeal. 4. We have heard the learned Advocate for the Appellant and the learned APP for the State. After giving our anxious consideration to the facts and circumstances of the case, arguments advanced by the learned Advocates for the parties, the judgment delivered by the learned Ad-hoc District Judge-2 & Additional Sessions Judge and the evidence on record, for the reasons stated below, we are of the opinion that the appellant had sexually assaulted the victim girl and thereafter strangulated her and caused her death. 5. There is no eye-witnesses in the present case and the prosecution is relying only on circumstantial evidence. The circumstances relied upon by the prosecution are as under: (I) The appellant was last seen together with deceased on 12.12.2004 at about 1.15 p.m. (II) The cause of death of deceased was due to forceful anal tear and hymen tear with asphyxia. (III) The gown of deceased girl was found stained with semen and human blood. (IV) At the time of arrest, the appellant was found having injuries on his person as well as on his private part. (V) The ornaments on the person of the deceased girl were recovered at the instance of the appellant. (VI) The clothes on the person of the appellant at the time of incident were also recovered at his instance. (VII) C.A. Report (Exh.50) of the clothes of the appellant shows that the shirt of the appellant was found having human bloodstains. (VIII) The conduct of the accused immediately after the incident was found suspicious. 6. The first circumstance, i.e., the appellant was last seen together with the deceased girl has been deposed by PW-2 Kantaram. PW-2 Kantharam has stated that he was having transport business. (VIII) The conduct of the accused immediately after the incident was found suspicious. 6. The first circumstance, i.e., the appellant was last seen together with the deceased girl has been deposed by PW-2 Kantaram. PW-2 Kantharam has stated that he was having transport business. His place of business was situated near the house of Prabhakar Mahadeo Pingale, i.e., husband of PW-1 Nalini. PW-2 Kantaram knew the deceased as well as the appellant. He knew the appellant as he was the resident of same village. He also knew the deceased girl as she was the granddaughter of PW-1 Nalini and her house is situated near the place of his business. This witness has stated that since about two to four days prior to 9.12.2004, the appellant was doing the work of removing congress grass in the field of Mahadeo Haribhau Pingale, which is situated behind the business place of PW-2 Kantaram. This witness has stated that on 9th, 10th and 12th December, 2004 he had seen the victim girl playing under the tamarind tree. At that time the appellant was doing the work of removing congress grass in the field of Mahadeo Pingale. From the evidence of PW-2 Kantaram, it is seen that the field is situated near the tamarind tree where the victim girl was playing. This witness has stated that he had seen the appellant talking with deceased girl at about 12.30 noon. Thus the evidence of PW-2 Kantaram shows that the deceased was last seen with the appellant. 7. Mr. Apte, the learned advocate for the appellant submitted that if PW-2 Kantaram had really seen the appellant talking with the victim girl, he should have immediately informed the police when he came to know that the victim girl was missing. Mr. Apte further submitted that the fact that PW-2 Kantaram did not inform the same to the police, shows that he may not have actually seen the appellant and the victim girl talking at about 1.00 p.m. As far as this contention is concerned, it is noticed that this witness on coming to know that the victim girl is missing, informed her grandmother i.e., PW-1 Nalini that he had seen the appellant and victim girl talking. Thus this witness has told the right person about the fact that he saw the victim girl and appellant talking at about 1.00 p.m. and just because he did not inform the police is no reason to doubt his evidence. 8. The motive for the incident is clear from the evidence i.e., it was to satisfy the sexual lust of the appellant. From the evidence of PW-5 Dr. Batte, it is seen that the cause of the death of deceased was due to forceful anal tear and vaginal hymen tear with asphyxia. From the evidence of PW-5 Dr. Batte, it is crystal clear that the victim girl was sexually assaulted. 9. Mr. Apte, the learned advocate for the appellant tried to submit that though there is evidence to show that the victim girl was sexually assaulted, there is no evidence to show that the appellant also caused her death. As far as this aspect is concerned, the evidence of PW-5 Dr. Batte clearly shows that the victim girl died due to asphyxia. It is not the case of the appellant that the victim girl died due to drowning or hanging. Hence, the only conclusion which can be drawn, is that the girl was strangulated to death from the fact that the medical evidence shows that she died due to asphyxia. Obviously, the victim girl could not have strangulated herself, hence, the only conclusion which can be drawn is that the appellant strangulated her and caused her death. 10. That an incident of sexual assault had taken place can also be made out from the fact that the gown of the victim girl had semen and bloodstains on it, which is clear from the C.A. Report Exh.50. 11. Immediately, after the arrest of the appellant, the appellant was sent for medical examination. PW-5 Dr. Batte examined the appellant and he found following injuries on the person of the appellant: (a) abrasion on little finger 1/4th cm diameter (b) sprain right elbow joint (c) pain in abdomen (d) healed abrasion on glans, penis ¼ cm diameter (e) healed abrasion on slan (postside of penis) about ½ cm long x 1 cm broad It is seen that the appellant had two injuries on his private part, which is consistent with the prosecution case that he sexually assaulted a minor girl. It is pertinent to note that the appellant has offered no explanation in respect of the injuries found on his person. 12. Another important circumstance is that the ornaments of the deceased girl were recovered at the instance of the appellant. This has been deposed by PW-7 panch witness Jadhav. Panch witness Jadhav has also deposed about recovery of bloodstained pant of the appellant at his instance. The memorandum statement and recovery panchanama are at Exh.34 and 35 respectively. PW- 1 Nalini who is grandmother of the victim girl has identified the ornaments as belonging to her granddaughter. The bloodstained shirt of the appellant was sent to the Chemical Analyser for analysis. As per C.A. Report Exh.50, the shirt was found having human bloodstains. The appellant has not furnished any explanation for finding of bloodstains on the shirt, which was recovered at his instance. In this connection, we may usefully refer to the decision of the Supreme Court in the case Gura Singh Vs. State of Rajasthan, reported in (2001) 2 SCC 205 : [2001 ALLMR(Cri) 764 (S.C.)], wherein it has been observed as under: "In view of the authoritative pronouncement of this Court in Teja Ram Case (1999) 3 SCC 507 ) we do not find any substance in the submissions of the learned Counsel for the appellant that in the absence of the report regarding the 'origin of the blood, the trial Court could not have convicted the accused. The Serologist & Chemical Examiner has found that the chadar seized in consequence of the disclosure statement made by the appellant was stained with human blood. As with lapse of time the classification of the blood could not be determined, no bonus is conferred upon the accused to claim any benefit on the strength of such a belated and stale argument. The trial Court as well as the High Court were, therefore, justified in holding the circumstance as proved beyond doubt against the appellant." 13. Mr. Apte, the learned advocate for the appellant submitted that the recovery of ornaments of the victim girl and the shirt at the instance of the appellant cannot be relied upon because the appellant was handcuffed at that time. As far as this aspect is concerned, it is noticed that though the panch witness Jadhav was cross-examined at length, nothing has been brought on record to shake the credibility of this witness. As far as this aspect is concerned, it is noticed that though the panch witness Jadhav was cross-examined at length, nothing has been brought on record to shake the credibility of this witness. Hence, we have no hesitation in relying on his testimony. 14. The conduct of the appellant is also found suspicious. PW-2 Kantararn told PW-1 Nalini that he had seen her granddaughter and appellant talking at about 1.00 p.m. PW-1 Nalini then went to the house of the appellant and questioned the appellant whereupon the appellant gave evasive answers. This suspicious conduct on the part of the appellant also supplies one additional link in the chain of circumstances, which connect the appellant with the crime. 15. Mr. Apte submitted that the dead body was decomposed and as such it could not be said that the body was that of the granddaughter of PW-1 Nalini. As far as this aspect is concerned, PW-1 Nalini has stated that she was informed after 5-6 days that a dead body of a girl was found in the field having Jawar Crop owned by Maruti Bapu Pingale. When PW-1 Nalini rushed to the spot, she noticed that it was the body of her granddaughter. Thus PW-1 Nalini has categorically identified the dead body as that of her granddaughter. Thus, we find not merit in this contention. 16. Mr. Apte submitted that the body was found about 5-6 days after the incident and it was decomposed, in such case it would not be possible to identify the dead body. In connection with this contention, we would like to advert to the evidence of PW-5 Dr. Batte, who conducted the postmortem. PW-5 Dr. Batte has stated that it is wrong to suggest that the dead body was not in a condition that it could not be recognized. The body was partially decomposed condition and it is not necessary that in case the body is decomposed, it is generally not in a condition to recognize. Thus looking to the evidence of PW-5 Dr. Batte and PW-1 Nalini, in our opinion there can be no dispute in relation to the fact that the dead body was that of granddaughter of PW-1 Nalini. 17. Looking to the circumstances brought on record by the prosecution, we are of the opinion that there is no merit in the appeal. Hence, the appeal stands dismissed. 18. Batte and PW-1 Nalini, in our opinion there can be no dispute in relation to the fact that the dead body was that of granddaughter of PW-1 Nalini. 17. Looking to the circumstances brought on record by the prosecution, we are of the opinion that there is no merit in the appeal. Hence, the appeal stands dismissed. 18. Office to communicate this order to the Superintendent of prison where the appellant is lodged and to the appellant original accused, who is in jail. 19. At this stage, we must record our appreciation for Mr. Abhaykumar Apte, Advocate appointed from High Court Legal Services Committee, Bombay to represent the appellant. We found that he had meticulously prepared the matter and he has very ably argued the matter. We quantify legal fees to be paid to him by the High Court Legal Services Committee at Rs. 2400/-. The said fees be paid to Advocate Mr. Abhaykumar Apte within four months from today. Appeal dismissed.