State Of Rajasthan vs Narpat Singh on 27 July, 2026

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    Rajasthan High Court – Jodhpur

    State Of Rajasthan vs Narpat Singh on 27 July, 2026

    Author: Vinit Kumar Mathur

    Bench: Vinit Kumar Mathur

    [2026:RJ-JP:33448-DB]
    
          HIGH COURT OF JUDICATURE FOR RAJASTHAN
                         AT JODHPUR
    
                     D.B. Murder Reference No.3/2022
                            CNR: RJHC010756352022
                             URN: MREF / 3U / 2022
    
    State Of Rajasthan, Through PP
                                                                           ----Petitioner
                                          Versus
    Narpat Singh S/o Manohar Singh, Aged About 22 Years, B/c
    Rajput, R/o Pichava Police Station Takhatghar, Dist. Pali (Raj.)
                                                                        ----Respondent
                                   Connected With
                 D.B. Criminal Appeal (DB) No. 185/2022
                            CNR: RJHC010851972022
                            URN: CRLAD / 549U / 2022
    Narpat Singh @ Napsa S/o Shri Mohan Singh, Aged About 22
    Years, B/c Rajput R/o Vill. Pichawa Ps Thakatgarh Dist. Pali (At
    Present Lodged In Central Jail Jodhpur)
                                                                           ----Appellant
                                          Versus
    State Of Rajasthan, Through PP
                                                                        ----Respondent
                 D.B. Criminal Appeal (SB) No. 2120/2022
                            CNR: RJHC010891162022
                        URN: CRLAS / 4703U / 2022
    Varda Ram S/o Tuaji, Aged About 66 Years, B/c Seervi R/o
    Vill. Pichawa Ps Takhtgarh Dist. Pali Raj.
                                                                           ----Appellant
                                          Versus
    1. Narpat Singh S/o Manohar Singh, Aged About 22 Years, B/c
    Rajput R/o Vill. Pichawa Ps Takhtgarh Dist. Pali (In J.c. Central
    Jail Jodhpur)
    2. Manohar Singh S/o Sumer Singh, Aged About 56 Years, R/o
    Vill. Pichawa Ps Takhtgarh Dist. Pali
    3. The State Of Rajasthan, Through PP
                                                                        ----Respondents
    
    
    
    
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         For Petitioner(s)           :    Mr. Deepak Choudhary, AAG for
                                          State
                                          Mr. J.S. Choudhary, Sr. Adv. with
                                          Mr. Pradeep Choudhary for
                                          complainant
         For Respondent(s)           :    Mr. Nishant Bora with
                                          Mr. Suresh Kumbhat,
                                          Mr. Sheetal Kumbhat,
                                          Mr. Naman Bhansali,
                                          Mr. Meetaksh Dadhich for accused.
    
    
                   HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
             HON'BLE MR. JUSTICE CHANDRA SHEKHAR SHARMA
    Reportable                  Judgment
         BY THE COURT: (PER HON'BLE MR. JUSTICE VINIT KUMAR MATHUR)

    1. Date of conclusion of argument 21.07.2026

    2. Date on which the judgment was 21.07.2026
    reserved

    SPONSORED

    3. Whether the full judgment or only Full Judgment
    operative part is pronounced

    4. Date of Pronouncement 27.07.2026

    1. By the impugned judgment dated 15.10.2022 passed by

    the learned Special Judge, Protection of Children from Sexual

    Offences Act No.3, Pali (District Judge Cadre) (hereinafter

    referred to as “the learned Trial Court”) in CIS No. 10/2022,

    whereby the accused-appellant Narpat Singh @ Napsa S/o Shri

    Manohar Singh, was convicted and sentenced in the following

    manner:-

    366 IPC Rigorous Imprisonment for In default of payment of fine to
    Five Years, with a fine of Rs. further undergo one Year
    50,000/- Additional rigorous
    Imprisonment.

              302 IPC    Death Penalty, with a Fine In default of payment of fine to
                         of Rs.1,00,000/-               further undergo two years
                                                        Additional rigorous
                                                        Imprisonment.
              201 IPC    Simple Imprisonment for In default of payment of fine to
    

    Three Years, with a fine of further undergo One month
    Rs. 10,000/- Additional Simple
    Imprisonment.

          5 M r/w 6      Life    Imprisonment      till In default of payment of fine to
           POCSO         natural life, with a fine of further undergo two years
             Act         Rs. 1,00,000/-                 Additional rigorous
                                                        Imprisonment.
    
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    2. Death Reference No. 03/2022 has been submitted by the

    learned Trial Court under Section 366 of the Code of Criminal

    Procedure, 1973, seeking confirmation of the sentence of death

    awarded to the accused-appellant, Narpat Singh @ Napsa. The

    accused-appellant have also preferred D.B. Criminal Appeal No.

    185/2022 under Section 374 (ii) of the Code of Criminal

    Procedure, 1973, assailing the legality and correctness of the

    judgment of conviction and order of sentence dated 15.10.2022

    passed by the learned Special Judge, Protection of Children

    from Sexual Offences Act No.3, Pali in Sessions Case No.

    10/2022. Since both the death reference and the criminal

    appeal arise out of the same judgment and involve common

    questions of fact and law, they are being decided by this

    common judgment.

    3. The Hon’ble Supreme Court in the case of Nipun Saxena

    & Anr. Vs. Union of India & Ors., (2019) 2 SCC 703, and

    further reiterated in Birbal Kumar Nishad Vs. State of

    Chhattisgarh (SLP (Crl.) No. 4540/2021, decided on

    30.06.2021), emphasized the mandatory requirement of

    protecting the identity of victims of sexual offences, this Court

    deems it appropriate to withhold the real name and identity of

    the victim. Accordingly, for the purpose of maintaining

    anonymity, the victim has been referred to as the “victim” and/

    or “S”

    Factual Aspects:

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    4. Facts relevant for adjudication of the present case are that

    on 24.01.2022, the complainant- Vardaram, who is the

    grandfather of the “victim”, submitted a written report before

    the police at Village Pichawa alleging therein that his son, who

    is the father of the “victim”, was employed in the business of

    imitation jewellery at Mumbai, whereas the “victim”, a girl aged

    about 10 years and studying in Class IV at Government School,

    Pichawa, was residing with her mother, grandparents and other

    family members in the village. It was alleged that at about 5:00

    p.m. on the said day, the accused-appellant Narpat Singh @

    Napsa, son of Manohar Singh, who was present near the well

    (Kuan) situated in his agricultural field adjoining the residential

    area, called the “victim” and two other children, namely, Sonal

    and Bharat (also referred to as Tikaram), on the pretext of

    offering them berries (ber). Acting upon such inducement, all

    three children accompanied the accused-appellant towards his

    agricultural field. It was further alleged that one Mahendra, a

    relative of the complainant, had seen the three children

    proceeding towards the field in the company of the accused-

    appellant. According to the complainant, after reaching the

    field, the accused-appellant sent back the two accompanying

    children but retained the “victim” with him.

    It was further stated that when the “victim” did not return

    home till about 6:15 p.m., her mother and other family

    members started searching for her in the vicinity. During the

    course of the search, Mahendra and Prabhu informed the

    complainant that the “victim” had been taken by the accused-

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    appellant towards his field on the pretext of feeding her berries.

    Thereupon, the complainant, accompanied by the mother of the

    “victim”, his wife and Prabhu, proceeded to the field of the

    accused-appellant at about 6:30 p.m. and enquired from him

    regarding the whereabouts of the “victim”. The accused-

    appellant allegedly feigned ignorance; however, the complainant

    noticed blood stains on the trousers worn by him, giving rise to

    a suspicion that he had committed some untoward act with the

    “victim”. It was further alleged that upon searching the

    agricultural field with the aid of a torch, the complainant and his

    companions noticed blood stains at various places near the

    standing crop as well as on the pathway leading out of the field,

    but the “victim” could not be traced. Suspecting that the

    accused-appellant had subjected the minor “victim” to sexual

    assault, murdered her and concealed her dead body with the

    intention of screening the evidence of the offence, the

    complainant informed the accused-appellant’s father, Manohar

    Singh, who arrived at the spot along with his wife. It was

    further alleged that, in the presence of the complainant,

    Manohar Singh exhorted the accused-appellant to flee from the

    place of occurrence, whereupon the accused-appellant allegedly

    pushed the complainant and escaped.

    5. On the basis of the aforesaid written report, FIR No.

    12/2022 came to be registered at Police Station Thakatgarh,

    District Pali for the offences punishable under Sections 364,

    376AB, 302 and 201 of the Indian Penal Code and Under

    Sections 5(j)(iv) and 5(m) punishable under Section 6 of the

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    Protection of Children from Sexual Offences Act, 2012. The

    investigation was thereupon commenced.

    6. After completion of investigation, the Investigating Officer

    filed a charge-sheet against accused-appellant Narpat Singh @

    Napsa for the offences punishable under Sections 364, 376,

    376AB, 302 and 201 of the Indian Penal Code and Sections 4

    and 5(j)(iv) & 5(m) punishable under Section 6 of the

    Protection of Children from Sexual Offences Act, 2012. A

    separate charge-sheet was also filed against co-accused

    Manohar Singh for the offence punishable under Section 225 of

    the Indian Penal Code before the Court of the competent

    Magistrate. Upon taking cognizance of the offences, the case

    was committed to the Court of the learned Special Judge,

    Protection of Children from Sexual Offences Act No.3, Pali, for

    trial.

    7. Learned trial court, after hearing arguments on charge,

    framed, read over and explained charges against accused-

    appellant Narpat Singh @ Napsa for the offences punishable

    under Sections 364, 376A, 376AB, 302 and 201 IPC and

    Sections 3 punishable under Section 4 and Sections 5(j)(iv) &

    5(m) punishable under Section 6 of the Protection of Children

    from Sexual Offences Act, 2012. Separate charge for the

    offence punishable under Section 225 IPC was framed against

    co-accused Manohar Singh. The charges were read over and

    explained to the accused persons, who denied the same and

    claimed trial.

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    8. During the trial, the prosecution examined as many as 36

    witnesses and exhibited documents marked as Exhibits P-1 to

    P-142 in support of its case. Upon completion of the oral and

    documentary evidence, the prosecution closed its evidence.

    9. The statement of the accused-appellant Narpat Singh @

    Napsa was recorded under Section 313 Cr.P.C., wherein he

    denied each and every incriminating circumstance appearing

    against him in the prosecution evidence and pleaded complete

    innocence. The accused-appellant alleged that the prosecution

    case was false and fabricated and that he had been falsely

    implicated. He asserted that he was present at his residence on

    the date of the incident and had neither absconded nor

    committed the alleged offences. According to him, on the

    following day, he was called by the police to the cremation

    ground, where he was assaulted by members of the

    complainant party as well as the police, resulting in bleeding

    injuries. He further alleged that he was illegally taken into

    custody, subjected to physical assault and coercion, and

    thereafter taken to Mahavir Hospital, where his blood, semen

    and other biological samples were forcibly collected and sealed

    in the presence of the complainant party. The accused-appellant

    further alleged that the recoveries, seizure memos, medical

    examination, FSL report, photographs and other documentary

    evidence relied upon by the prosecution were fabricated and

    manipulated. He also questioned the preparation of the site

    plan, the collection and sealing of samples and the investigation

    conducted by the police, alleging that the entire investigation

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    was tainted and carried out under public pressure. It was

    further asserted that a false case had been foisted upon him on

    account of previous animosity and other village disputes. In

    support of his defence, the accused-appellant relied upon

    documentary evidence, which was exhibited as Exhibits D-1 to

    D-8. However, no oral evidence was adduced in defence.

    10. Learned Trial Court, after hearing the arguments advanced

    on behalf of both sides and upon appreciation of the oral and

    documentary evidence brought on record, convicted and

    sentenced the accused-appellant vide judgment dated

    15.10.2022, as mentioned hereinabove.

    11. Being aggrieved by the aforesaid judgment of conviction

    and order of sentence passed by the learned trial court, the

    accused-appellants have preferred the present appeal before

    this Court.

    Submission on Behalf of Accused/Appellant:

    12. Learned counsel for the accused-appellant vehemently

    assailed the prosecution case at the very threshold by

    questioning the genuineness and authenticity of the First

    Information Report. He submitted that the FIR was lodged by

    complainant Varda Ram (PW-9) on 25.01.2022 at about 1:15

    a.m. at Police Station Thakatgarh. According to the learned

    counsel, till the time the report came to be registered, neither

    the whereabouts of the “victim” had been ascertained nor had

    her dead body been recovered. In such circumstances, there

    existed no factual basis for the complainant to allege that the

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    prosecutrix had been subjected to sexual assault and murdered.

    He further submitted that despite the absence of any such

    material, the FIR specifically alleged commission of offences

    punishable under Sections 376AB and 302 IPC as well as

    Sections 5/6 of the Protection of Children from Sexual Offences

    Act, thereby clearly indicating that the FIR was not a

    spontaneous account of the information first received but a

    document prepared after deliberation and consultation. He,

    therefore, submitted that the FIR was ante-timed and ante-

    dated and had been engineered after the investigating agency

    had already gathered material during the course of

    investigation.

    13. Learned counsel further invited the attention of the Court

    to Roznamcha Entries Ex.P-81 and Ex.P-83. He submitted that

    the earliest information received at the police station, recorded

    at about 7:50 p.m. on 24.01.2022, was merely to the effect

    that Bhupa Ram (PW-10) had informed the police that the

    granddaughter of Varda Ram was missing and had not yet been

    traced. He submitted that the said entry neither named the

    accused-appellant nor referred to any allegation of kidnapping,

    sexual assault or murder. According to the learned counsel, had

    the complainant party already witnessed the circumstances

    narrated subsequently in the FIR, including the presence of

    blood on the trousers of the accused-appellant and the alleged

    suspicion against him, the same would naturally have found

    mention in the earliest information recorded by the police. The

    conspicuous absence of these material facts from the first

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    information received by the police, according to the learned

    counsel, completely demolishes the prosecution’s version

    regarding the genesis of the occurrence and lends credence to

    the defence plea that the FIR was a subsequently fabricated

    document.

    14. Developing the aforesaid submission further, learned

    counsel referred to the testimony of Jassa Ram (PW-27), the

    Head Constable, who reached Village Pichawa at about 8:00

    p.m. pursuant to the missing information. He submitted that

    PW-27 categorically stated that the villagers were merely

    informing the police that the “victim” had last been seen in the

    company of accused-appellant Narpat Singh. However, there

    was no disclosure regarding the alleged incident narrated in the

    FIR nor was there any reference to the so-called last seen

    witnesses, namely, Mahendra (PW-6) and Prabhu Ram (PW-2).

    He submitted that if these witnesses had in fact witnessed the

    “victim” proceeding towards the field with the accused-

    appellant and had immediately disclosed the same to the

    complainant, there was no reason why such an important

    circumstance would not have been disclosed to the police when

    they first arrived at the village. This omission, according to the

    learned counsel, creates a serious dent in the prosecution story

    and probabilises the defence contention that the alleged last

    seen witnesses were subsequently introduced only to

    strengthen an otherwise weak prosecution case.

    15. Learned counsel also placed reliance upon Roznamcha

    Entry Ex.P-84 to submitted that although the incident has been

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    narrated therein, the names of Mahendra (PW-6) and Prabhu

    Ram (PW-2), who have been projected during trial as crucial

    last seen witnesses, do not find mention in the said

    contemporaneous record. According to the learned counsel, the

    omission to mention the names of such material witnesses in

    the earliest police record is not a mere irregularity but strikes at

    the very root of the prosecution case. He further submitted that

    had these witnesses actually witnessed the “victim”

    accompanying the accused-appellant and immediately conveyed

    such information to the complainant, their names would have

    naturally found place in the earliest version. Their absence from

    the contemporaneous record, according to the learned counsel,

    unmistakably indicates that they were subsequently introduced

    as planted witnesses after due deliberation.

    16. Learned counsel submitted that according to the FIR,

    complainant Varda Ram, accompanied by Champa (PW-7),

    Sukhi Devi and Prabhu Ram (PW-2), went to the field of the

    accused-appellant only once at about 6:30 p.m., where they

    allegedly noticed blood stains on the trousers worn by the

    accused-appellant. However, the evidence adduced during trial

    paints an altogether different picture. Reference was made to

    the testimonies of Prabhu Ram (PW-2), Mahendra (PW-6) and

    Varda Ram (PW-9), who have stated that the complainant party

    had visited the field of the accused-appellant on two occasions

    and that the blood stains on his trousers were noticed only

    during the second visit. According to the learned counsel, this

    material departure from the prosecution’s earliest version

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    constitutes a substantial contradiction affecting the very genesis

    of the prosecution case. Such improvements made during trial,

    according to the learned counsel, render the prosecution story

    inherently unreliable and create a serious doubt regarding the

    truthfulness of the version sought to be projected before the

    Court.

    17. Learned counsel for the accused-appellant next assailed

    the prosecution case by contending that the entire edifice of the

    prosecution rests upon the so-called “last seen” evidence,

    which, according to him, is wholly unreliable and suffers from

    material contradictions and improvements. He submitted that

    the testimonies of the child witnesses, namely, Bharat (PW-1)

    and Sonal (PW-8), require careful scrutiny in view of their

    tender age of about eight years. Learned counsel submitted

    that the learned Trial Court did not properly satisfy itself

    regarding their competence before recording their evidence and

    that the possibility of tutoring could not be ruled out. He further

    submitted that neither of these witnesses referred to the

    presence of Prabhu Ram (PW-2) and Mahendra (PW-6) as the

    alleged last seen witnesses. Both the child witnesses admitted

    in their cross-examination that they had not disclosed the

    alleged incident immediately to any family member and that

    their statements under Section 161 Cr.P.C. were recorded after

    considerable delay, for which no satisfactory explanation has

    been offered. He, therefore, submitted that their testimony

    does not inspire confidence and cannot safely be made the

    basis of conviction.

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    18. Learned counsel further submitted that the evidence of

    Prabhu Ram (PW-2) and Mahendra (PW-6) is equally unreliable

    as both are interested witnesses closely related to the

    complainant and their presence at the relevant time is not

    corroborated by the child witnesses. He submitted that several

    material improvements have been introduced during trial,

    particularly regarding the alleged manhandling by the accused-

    appellant, the complainant party visiting the field on two

    occasions and noticing blood stains on the trousers of the

    accused-appellant only during the second visit, all of which are

    conspicuously absent from the FIR and their earlier statements

    recorded under Sections 161 and 164 Cr.P.C. Learned counsel

    further pointed out that the statements of both these witnesses

    were recorded only on 26.01.2022, despite their availability

    from the very inception of the investigation, thereby rendering

    their evidence highly doubtful. Similar contradictions were

    highlighted in the testimony of Varda Ram (PW-9) regarding the

    number of visits made to the field, the time of search, and the

    alleged blood stains on the accused’s clothes.

    He also submitted that the complainant himself admitted

    that till the lodging of the FIR the whereabouts of the victim

    were not known, thereby demolishing the prosecution’s version.

    As regards Champa (PW-7), learned counsel submitted that the

    clothes (underwear, leggie and shirt) allegedly belonging to the

    victim were never identified during investigation and were

    identified for the first time before the Court.

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    He further pointed out that several sealed packets

    containing material exhibits were found open during trial,

    thereby casting a serious doubt on the sanctity of the seized

    articles and the prosecution’s chain of custody. According to the

    learned counsel, the cumulative effect of these material

    omissions, contradictions, delayed statements and procedural

    lapses renders the “last seen” theory wholly unreliable and

    incapable of sustaining the conviction of the accused-appellant.

    19. Learned counsel for the accused-appellant further assailed

    the recoveries effected during the course of investigation and

    submitted that the same are wholly unreliable and incapable of

    inspiring confidence. He submitted that the alleged recovery of

    a danda at the instance of the accused-appellant vide Ex.P-6 on

    27.01.2022 is inherently doubtful, as the said recovery was

    effected from the very place of occurrence where, according to

    the prosecution itself, blood-stained articles and other

    incriminating material had already been recovered on

    25.01.2022 vide Ex.P-9. He submitted that had the danda

    actually been lying at the spot, it would have been noticed and

    seized during the earlier search itself.

    Learned counsel further submitted that although Varda

    Ram (PW-9) claimed to have noticed blood at the spot on the

    evening of 24.01.2022, no recovery was affected at that time.

    He also submitted that the alleged weapon was recovered from

    an open and accessible place without any exclusive possession

    of the accused-appellant, the weapon itself was not produced

    before the Court, and the clothes of the victim recovered from

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    the place of occurrence and from her dead body were not

    identified by her mother, Champa (PW-7), during investigation.

    Learned counsel further submitted that the prosecution case

    that the accused-appellant continued to wear the same blood-

    stained clothes until his arrest is inherently improbable.

    According to the learned counsel, the clothes allegedly

    containing biological material were recovered and sealed by

    police officials instead of a medical professional, thereby

    compromising the sanctity of the DNA evidence. Referring to

    the testimony of Champa (PW-7), it was submitted that the

    packets containing the blood-stained shirt, underwear and other

    articles were found open when produced before the Court,

    demonstrating that the chain of custody was not preserved and

    rendering the subsequent FSL and DNA reports unsafe for

    reliance.

    20. Learned counsel also questioned the prosecution version

    regarding the recovery of the dead body. He submitted that

    there is no recovery memo on record evidencing the recovery of

    the dead body from the alleged place of occurrence. He

    submitted that admittedly no recovery memo was prepared at

    the place from where the body was allegedly recovered,

    namely, the well of Paka Ram, and in the absence of such

    contemporaneous documentation, the prosecution has failed to

    establish the exact place from where the body was recovered.

    He further submitted that although Site Plan Ex.P-16 depicts

    the location of the well, it nowhere records that the dead body

    was actually recovered therefrom. Learned counsel further

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    submitted that while the Investigating Officer (PW-35) and the

    Station House Officer (PW-28) deposed that the body was

    recovered from the said well, neither of them identified or

    examined the persons who allegedly retrieved the body from

    the well, nor were their statements recorded during

    investigation. He also pointed out that the inquest report

    (Panchnama Lash Ex.P-1) was prepared only after the body had

    reached the Community Health Centre, Sumerpur, and the

    prosecution has failed to produce any document explaining the

    manner in which the body was transported from the alleged

    place of recovery to the hospital. According to the learned

    counsel, these serious omissions and procedural lapses strike at

    the root of the prosecution case and cast a grave doubt upon

    the genuineness of the alleged recoveries and the investigation

    as a whole.

    21. Learned counsel for the accused-appellant further

    submitted that the medical evidence does not corroborate the

    prosecution case regarding the commission of sexual assault.

    Inviting the attention of the Court to the testimonies of Dr.

    Mahendra Singh (PW-13) and Dr. Neha Grover (PW-14), He

    submitted that both the medical experts categorically admitted

    in their examination-in-chief that no external or internal injuries

    were found on the private parts of the victim. According to the

    learned counsel, in the absence of any medical evidence

    suggestive of forcible sexual intercourse, the prosecution has

    failed to establish the charge of rape beyond reasonable doubt.

    He submitted that the prosecution seeks to rest its case solely

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    upon the DNA report, which by itself is insufficient to

    conclusively prove the offence of rape, particularly when the

    DNA profile could equally have resulted from the presence of

    blood or other biological material consequent upon the physical

    assault. He, therefore, submitted that the medical evidence, far

    from supporting the prosecution case, creates a substantial

    doubt regarding the allegation of sexual assault.

    22. Assailing the DNA evidence, learned counsel submitted

    that the prosecution has failed to establish an unbroken chain

    of custody and proper identification of the biological exhibits.

    He further submitted that the shirt, legging and underwear

    allegedly recovered from the place of occurrence vide Ex.P-12

    and Ex.P-15 were never identified during investigation by

    Champa (PW-7) or Varda Ram (PW-9) as belonging to the

    victim, and were shown to the witnesses for the first time

    during their deposition before the Court. He further submitted

    that neither of the recovery memos records that the said

    articles belonged to the victim, thereby rendering their identity

    itself doubtful. Learned counsel also submitted that the blood

    sample of the accused-appellant, though collected on an FTA

    Card pursuant to Ex.P-59, was forwarded to the Forensic

    Science Laboratory without any identifying mark. Referring to

    the evidence of Dr. Ramdan (PW-16) and Dr. Rajesh (PW-34),

    the DNA expert, it was submitted that both admitted that the

    FTA Card containing the blood sample bore no identification

    mark and that Ex.P-50 did not describe the samples collected

    on the FTA Card. He further submitted that even the forwarding

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    letters (Ex.P-65 and Ex.P-67) disclose that the packets were

    unmarked. According to the learned counsel, since the

    unmarked blood sample constituted the reference or master

    sample for comparison with the biological exhibits, the very

    foundation of the DNA profiling exercise stands vitiated.

    Consequently, the DNA report (Ex.P-28) cannot be safely relied

    upon, and the prosecution has failed to establish the guilt of the

    accused-appellant beyond reasonable doubt.

    23. Learned counsel for the accused-appellant, placing strong

    reliance upon the judgment of the Hon’ble Supreme Court in

    Kattavellai @ Devakar v. State of Tamil Nadu, Criminal

    Appeal No. 1672 of 2019, decided on 15.07.2025, submitted

    that the DNA evidence relied upon by the prosecution is

    rendered wholly unreliable for want of compliance with the

    mandatory safeguards governing the collection, preservation

    and transmission of biological samples. He submitted that the

    Hon’ble Supreme Court has laid down that DNA samples must

    be collected and documented with due procedural safeguards,

    including proper packaging, clear identification by mentioning

    the FIR number, relevant statutory provisions, particulars of the

    Investigating Officer and Police Station, serial numbering of the

    exhibits, and contemporaneous documentation bearing the

    signatures of the medical professional, the Investigating Officer

    and, wherever possible, independent witnesses. Learned

    counsel further submitted that the present case falls far short of

    the aforesaid standards. According to him, the biological

    samples and exhibits were neither properly identified nor

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    documented, the reference blood sample of the accused-

    appellant was forwarded to the Forensic Science Laboratory

    without any identifying mark, and the prosecution has failed to

    establish an unimpeachable chain of custody. He, therefore,

    submitted that the DNA report cannot be treated as a reliable

    piece of evidence and deserves to be excluded from

    consideration.

    24. Learned counsel further placed reliance upon the

    judgment of the Coordinate Bench of this Court in Nirbhay @

    Natto v. State of Rajasthan (D.B. Criminal Appeal No.

    785/2016) and submitted that the prosecution has failed to

    prove the recovery of the dead body in accordance with law. He

    submitted that, admittedly, no recovery memo evidencing the

    recovery of the dead body from the alleged well was prepared,

    nor has the prosecution produced any independent witness to

    such recovery. According to the learned counsel, the mere

    preparation of a site plan or inquest report cannot substitute

    the requirement of a contemporaneous recovery memo

    establishing the exact place and manner of recovery. He further

    submitted that the Investigating Officer has also failed to

    identify or examine the persons who allegedly retrieved the

    body from the well, while the prosecution has not produced any

    document demonstrating the transportation of the body from

    the alleged place of recovery to the hospital. Relying upon the

    aforesaid decision, learned counsel submitted that such

    material omissions create a serious doubt regarding the very

    place and manner of recovery of the dead body and

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    consequently impair the credibility of the prosecution case. He,

    therefore, submitted that the cumulative effect of the defective

    investigation, doubtful recoveries, non-compliance with the

    prescribed procedure for handling DNA evidence and the

    absence of legally admissible evidence regarding the recovery

    of the dead body entitles the accused-appellant to the benefit of

    reasonable doubt and consequent acquittal.

    25. E-converso, Mr. Jagmal Singh Choudhary, Senior Advocate

    and Mr. Deepak Choudhary, Learned Additional Advocate

    General have vehemently opposed the submissions advanced

    on behalf of learned Counsel for the accused-appellant and

    have supported the findings recorded by the learned trial court.

    They further submitted that the impugned judgment dated

    15.10.2022 does not suffer from any infirmity or illegality and

    that the conviction of the accused-appellant has been rightly

    recorded on the basis of reliable and cogent evidence available

    on record.

    Discussion & Analysis:

    26. We have given our thoughtful consideration to the rival

    submissions advanced by the learned counsel appearing for the

    parties. We have also meticulously examined the impugned

    judgment dated 15.10.2022 and undertaken a comprehensive

    re-appreciation of the entire oral and documentary evidence

    available on record in order to satisfy ourselves as to the

    correctness, legality and propriety of the findings recorded by

    the learned Trial Court.

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    Appreciation of the First Information Report and the Plea

    of Ante-Timing:

    27. The principal plank of the defence is that the prosecution

    case, right from its inception, is nothing but an attempt to

    falsely implicate the accused-appellant in a fabricated case. It is

    contended that even the First Information Report (Ex.P-5)

    cannot be regarded as the earliest version of the occurrence or

    a spontaneous narration of the information first received by the

    police. According to the defence, although the FIR is shown to

    have been registered at about 1:15 a.m. on 25.01.2022, it

    already contained specific allegations of aggravated penetrative

    sexual assault, murder and concealment of the dead body

    despite the fact that, at the relevant point of time, neither had

    the whereabouts of the victim been ascertained nor had her

    dead body been recovered. It is, therefore, urged that the FIR

    was not a contemporaneous account of the occurrence but an

    ante-timed and ante-dated document, prepared after due

    deliberation and consultation with the sole object of falsely

    implicating the accused-appellant and lending artificial strength

    to the prosecution case.

    28. The submission undoubtedly deserves careful examination

    because the First Information Report occupies a significant

    place in criminal jurisprudence. Though it is not a substantive

    piece of evidence, it constitutes the earliest version of the

    occurrence furnished to the investigating agency and serves as

    a safeguard against subsequent embellishment or fabrication.

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    At the same time, it is equally well settled that an FIR is not

    expected to be an encyclopedia containing every minute detail

    of the occurrence. Its primary object is merely to set the

    criminal law into motion and to disclose the commission of a

    cognizable offence.

    29. The defence has principally relied upon Roznamcha

    Entries Ex.P-81 and Ex.P-83, wherein the earliest information

    received at Police Station Thakatgarh at about 7:50 p.m. on

    24.01.2022 merely records that the minor girl was missing and

    had not returned home. It is urged that neither the accused-

    appellant was named nor were allegations of kidnapping, rape

    or murder mentioned therein. According to the learned counsel,

    had the complainant already entertained the suspicion reflected

    in the FIR, the same would naturally have found place in the

    earliest information supplied to the police.

    30. Having examined the Roznamcha Entries Ex.P-81 and

    Ex.P-83, this Court finds that the said entries merely record the

    information conveyed by Bhupa Ram regarding the

    disappearance of the minor child. The information was evidently

    communicated with the immediate object of securing police

    assistance in tracing the missing girl. The entries neither

    purport to record a detailed complaint nor disclose that the

    police had commenced a formal criminal investigation at that

    stage. Such diary entries, made on receipt of cryptic

    information regarding a missing child, cannot by themselves be

    equated with the First Information Report contemplated under

    Section 154 of the Code of Criminal Procedure.

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    31. It is not uncommon that the first information received by

    the police regarding the disappearance of a person merely sets

    the machinery in motion for search and rescue operations.

    During the course of such search, additional facts may emerge

    giving rise to a reasonable suspicion regarding the commission

    of a cognizable offence. In such circumstances, the formal First

    Information Report lodged thereafter cannot be rejected merely

    because the earlier diary entry did not contain every allegation

    subsequently incorporated in the written report.

    32. The evidence on record discloses that after the victim

    failed to return home, the family members commenced a

    search in the village and adjoining fields. During the course of

    the search, the complainant and his family members were

    informed by Bharat (PW-1), Sonal (PW-8), Mahendra (PW-6)

    and Prabhu Ram (PW-2) that the accused-appellant had taken

    the victim along with Bharat and Sonal towards his agricultural

    field on the pretext of offering them berries. It was further

    conveyed that, after reaching the field, the accused-appellant

    sent Bharat and Sonal back while retaining the victim with him.

    Thereafter, the complainant party proceeded to the field of the

    accused-appellant, where the accused allegedly denied having

    seen the victim. According to the complainant, blood stains

    were noticed on the trousers of the accused-appellant and

    blood marks were also found at different places in the field.

    These circumstances naturally intensified the suspicion

    entertained by the complainant regarding the fate of the

    missing child.

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    33. The defence has repeatedly emphasised that, until the

    dead body was recovered, the complainant could not have

    alleged offences punishable under Sections 376AB and 302 IPC.

    We are unable to accept the submission in the absolute terms in

    which it has been advanced. The law does not require that an

    informant must possess direct evidence establishing every

    ingredient of the offence before lodging an FIR. Where

    surrounding circumstances create a reasonable belief that a

    cognizable offence has been committed, the informant is fully

    entitled to place such suspicion before the police. The

    correctness of the allegations is ultimately a matter of

    investigation and trial.

    34. The learned counsel has also invited our attention to the

    testimony of Jassa Ram (PW-27), who reached the village

    shortly after receipt of the missing information. It is true that

    PW-27 stated that the villagers informed him only that the

    victim had last been seen with the accused-appellant. He did

    not specifically refer to the alleged blood stains or to the names

    of Mahendra (PW-6) and Prabhu Ram (PW-2). However, in our

    considered opinion, this omission by itself does not conclusively

    establish that the FIR was fabricated. PW-27 admittedly

    reached the village during the search operations when anxiety

    and confusion prevailed among the family members and

    villagers. The omission to narrate every circumstance to the

    police officer immediately upon his arrival cannot be elevated to

    a circumstance completely demolishing the prosecution case.

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    35. Equally, the omission of the names of Mahendra (PW-6)

    and Prabhu Ram (PW-2) from Roznamcha Entry Ex.P-84 also

    cannot be viewed in isolation. A Roznamcha entry is not

    intended to be a comprehensive statement of every fact

    collected during investigation. The evidentiary value of such

    omission must necessarily be assessed in conjunction with the

    oral evidence of the witnesses and other contemporaneous

    material. Unless the omission amounts to a material

    contradiction going to the root of the prosecution case, it

    cannot by itself render the subsequent testimony wholly

    unreliable.

    36. The defence has further pointed out that, according to the

    FIR, the complainant party visited the field of the accused-

    appellant only once, whereas certain witnesses have stated

    during trial that they visited the field twice and noticed blood

    stains upon the trousers of the accused-appellant during the

    second visit. It cannot be disputed that some variation does

    exist in the narration of the sequence of events. Nevertheless,

    having carefully examined the evidence of PW-2 Prabhu Ram,

    PW-6 Mahendra, PW-7 Champa and PW-9 Varda Ram, we find

    that the broad substratum of the prosecution case remains

    consistent, namely, that the accused-appellant denied the

    presence of the victim, blood stains were noticed upon his

    clothing and suspicious blood marks were found within the field.

    The variation regarding the precise number of visits appears to

    us to be an embellishment relating to the sequence of events

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    rather than a contradiction affecting the genesis of the

    prosecution case.

    37. It is also significant that the defence has not produced any

    cogent material demonstrating that the FIR was actually

    recorded after the commencement of substantive investigation

    or after the recovery of the dead body. Except relying upon

    certain omissions in the Roznamcha entries and perceived

    improbabilities arising from the contents of the FIR, no

    convincing evidence has been brought on record to establish

    that the FIR was ante-timed or ante-dated. Mere suspicion

    regarding the timing of the FIR, unsupported by reliable

    evidence, cannot displace the statutory presumption attaching

    to official acts regularly performed by public officers.

    38. On an overall appreciation of the documentary evidence,

    the Roznamcha entries, the testimony of PW-27 Jassa Ram and

    the surrounding circumstances, we are of the considered view

    that the plea of ante-timing advanced by the defence has not

    been substantiated. At the same time, the omissions pointed

    out by the learned counsel, particularly regarding the earliest

    information furnished to the police and the subsequent

    improvements concerning the sequence of visits to the field,

    cannot be altogether ignored. These aspects shall, therefore,

    remain relevant while appreciating the credibility of the

    witnesses projecting the “last seen” circumstance and while

    evaluating whether the prosecution has succeeded in

    establishing an unbroken chain of circumstances beyond

    reasonable doubt.

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    Appreciation of the Evidence of PW-1 Bharat Sirvi and

    PW-8 Sonal Sirvi (Child Witnesses):

    39. The prosecution has primarily relied upon the testimony of

    PW-1 Bharat Sirvi and PW-8 Sonal Sirvi for establishing the

    circumstance that the deceased was last seen alive in the

    company of the accused-appellant shortly before her

    disappearance. Since both these witnesses were children of

    tender age at the time of the occurrence, it becomes necessary

    to examine their testimony with greater circumspection while

    bearing in mind the settled principle that the evidence of a child

    witness is neither to be discarded merely on account of age nor

    accepted mechanically without careful scrutiny. If, upon such

    scrutiny, the Court finds the child witness to be competent,

    natural and trustworthy, there is no legal impediment in placing

    reliance upon such testimony.

    40. PW-1 Bharat Sirvi, after satisfying the Court regarding

    his competency to depose, stated in unequivocal terms that on

    the date of the incident, he, Sonal and the deceased “S” were

    playing together near their houses when the accused-appellant

    Narpat Singh called all the three children to his Bera on the

    pretext of offering them berries. According to the witness, all

    three children accompanied the accused-appellant to his

    agricultural field, where the accused-appellant gave berries to

    Bharat and Sonal, sent them back to their respective houses

    and retained the deceased “S” with him. The witness further

    stated that before sending them back, the accused-appellant

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    warned both of them not to disclose the fact to anyone. He

    categorically identified the accused-appellant before the Court

    as the very person who had taken the deceased with him.

    41. The testimony of PW-1 assumes significance because it

    furnishes the first link in the chain of circumstances by placing

    the deceased in the company of the accused-appellant

    immediately before she went missing. The witness has

    consistently maintained that after he (Bharat) and Sonal

    returned home, the deceased “S” remained with the accused-

    appellant and did not accompany them back. Significantly,

    nothing has been elicited in his cross-examination to show that

    he had any previous enmity or motive to falsely implicate the

    accused-appellant.

    42. The cross-examination of PW-1 was directed mainly

    towards testing his memory with regard to the location of

    houses, surrounding fields, the time when his sister returned

    from school, the route taken to the field and other collateral

    facts. He candidly admitted several facts whenever he did not

    remember them and did not attempt to improve his version.

    Such answers, in our considered opinion, indicate the

    spontaneity expected from a child witness rather than an

    attempt to give a tutored account.

    43. The defence has emphasized that PW-1 stated that Bharat

    and Sonal remained at the Bera only for a minute and

    thereafter returned home. In our opinion, this circumstance

    rather reinforces the prosecution version, for the witness

    consistently maintained that the accused-appellant separated

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    the deceased from the other two children and retained her with

    him. The duration for which Bharat and Sonal remained at the

    Bera is not of much significance so long as the evidence

    establishes that the deceased continued to remain in the

    exclusive company of the accused-appellant after the other two

    children had left.

    44. We also find no material contradiction between the

    examination-in-chief and cross-examination of PW-1 on the

    core aspect of the prosecution case. The omissions pointed out

    by the defence relate only to peripheral matters concerning the

    surrounding locality and sequence of events after he returned

    home. Such omissions neither affect the substance of his

    testimony nor dilute the fact that he consistently asserted that

    the accused alone retained the deceased after sending him and

    Sonal away.

    45. Coming to PW-8 Sonal Sirvi, she too was a child witness

    who was subjected to preliminary examination by the learned

    Trial Court before her testimony was recorded. Upon being

    satisfied about her competence and ability to understand the

    questions put to her, the learned Trial Court permitted her

    examination. Her evidence, therefore, cannot be discarded

    merely because of her tender age.

    46. PW-8 substantially corroborated the version narrated by

    PW-1. She deposed that while she, Bharat and “S” were playing

    together, the accused-appellant approached them and lured

    them to accompany him to his Bera on the promise of giving

    them sweet berries. She further stated that the accused-

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    appellant warned them not to disclose the fact to anyone and

    threatened to kill them if they did so. According to the witness,

    after reaching the Bera, the accused-appellant gave berries to

    all three children but thereafter sent only Bharat and Sonal

    back while retaining “S” with him.

    47. PW-8 further stated that when “S” did not return home,

    the grandmother of the deceased came in search of her and

    inquired from the witness regarding “S” whereabouts,

    whereupon she disclosed that “S” had remained with Narpat

    Singh at the Bera. She also identified the accused-appellant in

    Court without any hesitation.

    48. During her cross-examination, PW-8 was questioned at

    considerable length regarding her school, teachers, family

    members, the clothes worn by her, the place from where she

    purchased vegetables, the route taken by her after returning

    home and various other collateral facts. She admitted several

    facts wherever she was unable to recollect them and gave

    natural answers expected from a child of her age. The defence

    could not extract anything in her cross-examination to

    probabilise that she had been tutored to falsely implicate the

    accused-appellant.

    49. We also notice that the testimony of PW-8 is materially

    consistent with that of PW-1 on all the essential particulars,

    namely, that (i) the three children were playing together, (ii)

    the accused-appellant enticed them to accompany him to his

    Bera, (iii) after reaching there, Bharat and Sonal were sent

    back, (iv) the deceased alone remained with the accused-

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    appellant and (v) thereafter the deceased never returned home.

    Such consistency on the material particulars lends considerable

    assurance to the truthfulness of their evidence.

    50. It is true that both PW-1 and PW-8 are child witnesses

    and, therefore, their testimony must be scrutinized with

    caution. However, caution does not imply distrust. The law

    merely requires the Court to satisfy itself that the witness is

    capable of understanding the sanctity of the oath, possesses

    sufficient intelligence to depose and inspires confidence. Once

    these tests are satisfied, the testimony of a child witness stands

    on the same footing as that of any other witness.

    51. Having carefully analyzed the entire evidence of PW-1

    Bharat Sirvi and PW-8 Sonal Sirvi, we find that both witnesses

    have consistently and independently deposed that immediately

    before the disappearance of the deceased, she was taken by

    the accused-appellant to his Bera, whereafter Bharat and Sonal

    were sent back while the deceased remained in the exclusive

    company of the accused-appellant. Their evidence is natural,

    mutually corroborative and remains unshaken on the core

    aspect despite lengthy cross-examination. The discrepancies

    and omissions pointed out by the defence relate only to

    collateral details and are of such a nature as would ordinarily

    arise from the testimony of child witnesses narrating an

    incident after the lapse of time. They do not affect the

    substratum of the prosecution case. We are, therefore, of the

    considered view that the testimony of PW-1 and PW-8 inspires

    confidence and satisfactorily establishes the foundational

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    circumstance that the deceased was last seen alive in the

    company of the accused-appellant shortly before her

    disappearance. The evidentiary value and legal effect of this

    circumstance, however, shall be considered in conjunction with

    the testimony of PW-2 Prabhu Ram, PW-6 Mahendra and the

    remaining incriminating circumstances forming part of the chain

    of evidence.

    Appreciation of the Evidence of PW-2 Prabhu Ram and

    PW-6 Mahendra – Last Seen Circumstance:

    52. Having found the testimony of PW-1 Bharat Sirvi and PW-

    8 Sonal Sirvi to be credible insofar as it establishes that the

    deceased accompanied the accused-appellant to his Bera and

    that the accused-appellant thereafter sent Bharat and Sonal

    back while retaining the deceased with him, this Court now

    proceeds to examine whether the said circumstance receives

    corroboration from the evidence of PW-2 Prabhu Ram and PW-6

    Mahendra, who are projected by the prosecution as

    independent witnesses to the subsequent events leading to the

    disappearance of the deceased.

    53. PW-2 Prabhu Ram deposed that at about 4:30 p.m. on

    the date of occurrence, while returning from his agricultural

    field, he noticed Bharat, Sonal and “S” playing near the village.

    At that juncture, according to the witness, the accused-

    appellant Narpat Singh called all the three children to

    accompany him to his well on the pretext of offering them

    berries. The witness categorically stated that he saw all the

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    three children proceeding towards the Bera of the accused-

    appellant. His evidence thus substantially corroborates the

    version narrated by PW-1 Bharat and PW-8 Sonal regarding the

    accused-appellant taking the three children together.

    54. PW-2 further deposed that when, after some time, the

    family members of the deceased came searching for “S”, he

    immediately informed them that Narpat Singh had taken the

    child to his agricultural field. Thereafter, PW-2 accompanied the

    complainant party to the Bera of the accused-appellant, where

    Narpat Singh denied that “S” had ever come there. The witness

    further stated that when he questioned the accused-appellant

    regarding the whereabouts of the deceased, the accused-

    appellant became aggressive, pushed him and slapped him.

    Though the alleged assault upon PW-2 may not, by itself,

    constitute an incriminating circumstance of much significance,

    the conduct attributed to the accused-appellant assumes

    relevance while appreciating the surrounding circumstances.

    55. During his cross-examination, the defence highlighted that

    certain facts deposed by PW-2 before the Court, namely, that

    the accused-appellant had seen him approaching from the

    corner of the Bera and that the accused-appellant had slapped

    him, were not mentioned in his statement recorded under

    Section 161 Cr.P.C. It was also elicited that the fact regarding

    Vardaram informing him about blood stains in the wheat crop

    was absent from his police statement.

    56. These omissions, in our considered opinion, do not go to

    the root of the prosecution case. They relate primarily to the

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    subsequent interaction between PW-2 and the accused-

    appellant after the complainant party reached the Bera. The

    core assertion of PW-2, namely, that he had seen the accused-

    appellant taking the deceased along with Bharat and Sonal

    towards his agricultural field shortly before the victim

    disappeared, remained completely unshaken during his cross-

    examination. No suggestion was put to him that he was not

    present at the relevant place or that he could not have

    witnessed the occurrence.

    57. It is true that PW-2 and the complainant belong to the

    same extended family. However, relationship by itself cannot be

    a ground to discard otherwise trustworthy evidence. It is a

    settled principle that the testimony of a related witness is not to

    be rejected merely because of such relationship if, upon careful

    scrutiny, the Court finds the witness to be reliable and his

    testimony inspires confidence. Nothing substantial has emerged

    in the cross-examination of PW-2 to indicate any previous

    animosity or motive for falsely implicating the accused-

    appellant in an offence of such grave nature.

    58. The prosecution has also relied upon the evidence of

    PW-6 Mahendra, whose testimony assumes considerable

    significance as he claims to have independently seen the

    accused taking the deceased towards his Bera and also deposes

    regarding the conduct of the accused when questioned about

    the whereabouts of the child.

    59. PW-6 stated that while returning from his agricultural field

    after feeding water to his buffaloes at about 4:30 p.m., he saw

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    the accused-appellant taking “S”, Bharat and Sonal towards his

    agricultural field on the pretext of offering them berries. He

    further stated that Prabhu Ram was also standing near his

    house at that time. Thus, on the material aspect of the

    accused-appellant taking the three children together, PW-6 fully

    corroborates the testimony of PW-2 as well as that of the two

    child witnesses.

    60. PW-6 further deposed that when the family members

    informed him that “S” was missing, he disclosed to them that

    he had seen the accused-appellant taking the deceased.

    Thereafter, he accompanied the complainant party to the Bera

    of the accused-appellant where Narpat Singh denied having

    seen “S”. According to the witness, he noticed fresh blood stains

    on the left leg portion of the trousers worn by the accused-

    appellant. Upon being questioned, the accused-appellant

    allegedly stated that the blood had oozed from an injury

    sustained by him but declined to show the alleged injury and

    became involved in a scuffle. The witness further stated that

    the father of the accused-appellant advised him to run away,

    whereupon the accused fled from the spot.

    61. The defence has seriously challenged the credibility of

    PW-6 by pointing out that his statement under Section 161

    Cr.P.C. was recorded only on 26.01.2022 and not immediately

    after the incident. It has also been contended that several

    improvements have been made during his deposition before the

    Court.

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    62. We have carefully considered the said submission. It is

    undoubtedly true that the statement of PW-6 was recorded

    after some delay. However, mere delay in recording the

    statement of a witness is not by itself sufficient to discard his

    testimony unless prejudice is shown to have been caused or the

    delay remains wholly unexplained. More importantly, despite

    lengthy and searching cross-examination extending over

    several pages, the defence has failed to impeach the principal

    assertion of PW-6 that he had seen the accused-appellant

    taking the deceased along with Bharat and Sonal shortly before

    the occurrence.

    63. The cross-examination of PW-6 primarily relates to the

    route taken by him from his agricultural field, the distance

    between different fields, the number of buffaloes owned by him,

    his relationship with the complainant party, and other collateral

    aspects. These matters, though relevant for testing the veracity

    of the witness, do not materially affect the substratum of his

    evidence regarding the last seen circumstance.

    64. It has also been argued that PW-6 is a related witness and

    that his evidence is liable to be discarded on that ground alone.

    We are unable to accept the submission. The law is well settled

    that evidence cannot be rejected merely because the witness

    happens to be related to the victim. On the contrary, in offences

    committed within a village setting, the persons who naturally

    witness or participate in the search are ordinarily family

    members or close relatives. Unless there exists material to

    demonstrate deliberate false implication, the testimony of such

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    witnesses cannot be discarded solely because of their

    relationship.

    65. On a comparative reading of the testimony of PW-1

    Bharat, PW-8 Sonal, PW-2 Prabhu Ram and PW-6 Mahendra, we

    find remarkable consistency on the central feature of the

    prosecution case. All four witnesses have consistently deposed

    that shortly before the disappearance of the deceased, the

    accused-appellant had taken the deceased along with Bharat

    and Sonal towards his agricultural field on the pretext of

    offering them berries. PW-1 and PW-8 further state that the

    accused-appellant thereafter sent them back while retaining the

    deceased with him. PW-2 and PW-6 corroborate the factum of

    the accused-appellant taking the children and further speak

    about the immediate search conducted by the family members

    and the accused-appellant denying the presence of the

    deceased.

    66. The defence has pointed out certain omissions and

    improvements in the testimony of PW-2 and PW-6, particularly

    regarding the alleged scuffle with the accused-appellant, blood

    stains on the trousers and the sequence in which the

    complainant party visited the Bera. In our considered opinion,

    these discrepancies relate to the events which occurred after

    the disappearance of the victim and do not substantially detract

    from the principal circumstance that the deceased was seen

    proceeding towards the Bera in the company of the accused-

    appellant immediately before she went missing.

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    67. It is equally important to notice that no suggestion has

    been put to PW-1 or PW-8 that, after the accused-appellant

    allegedly sent Bharat and Sonal back, the deceased was seen in

    the company of any other person. The defence has also not

    suggested any alternative explanation as to how the deceased,

    after remaining with the accused-appellant, disappeared

    without any trace until her dead body was recovered on the

    following day. Although the burden upon the prosecution to

    establish the chain of circumstances never shifts, the absence

    of any plausible explanation assumes significance while

    appreciating the cumulative effect of the evidence.

    Finding on the Last Seen Circumstance

    68. On an independent re-appreciation of the evidence of

    PW-1 Bharat Sirvi, PW-8 Sonal Sirvi, PW-2 Prabhu Ram and

    PW-6 Mahendra, this Court is satisfied that the prosecution has

    successfully established that the deceased was last seen alive in

    the company of the accused-appellant shortly before her

    disappearance. The testimony of the two child witnesses

    inspires confidence and receives substantial corroboration from

    the evidence of PW-2 and PW-6. The omissions and

    discrepancies pointed out by the defence are confined to

    ancillary and peripheral matters and do not affect the core

    prosecution version.

    69. At the same time, it needs to be emphasized that the

    circumstance of “last seen together”, by itself, is not sufficient

    to sustain a conviction. It is only one of the links in the chain of

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    circumstantial evidence and must receive assurance from the

    remaining incriminating circumstances, namely, the medical

    evidence, recoveries, forensic examination, DNA analysis,

    conduct of the accused-appellant and other surrounding

    circumstances. The legal effect of the last seen circumstance

    shall, therefore, be assessed along with the remaining evidence

    while determining whether the prosecution has succeeded in

    proving a complete and unbroken chain of circumstances

    pointing unerringly towards the guilt of the accused-appellant.

    Appreciation of the Evidence of PW-7 Champa and PW-9
    Varda Ram:

    70. The prosecution has next relied upon the testimony of

    PW-7 Champa, the mother of the deceased, and PW-9 Varda

    Ram, the grandfather of the deceased, to establish the

    circumstances immediately preceding and succeeding the

    disappearance of the victim, the search undertaken by the

    family members, the conduct of the accused-appellant when

    confronted, and the discovery of incriminating circumstances at

    the Bera of the accused-appellant. Since neither of these

    witnesses claims to have witnessed the actual occurrence, their

    evidence has to be appreciated in the backdrop of the

    testimony of the child witnesses as well as PW-2 and PW-6.

    71. PW-7 Champa deposed that on the date of the incident,

    after the deceased returned from school, she went out to play

    with Bharat and Sonal at about 4:30 p.m. While the deceased

    was playing, PW-7 became engaged in household work. When

    the child did not return till about 6.00-6.30 p.m., she started

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    searching for her in the neighbouring houses and nearby

    locality. Finding no trace of the child, she approached PW-2

    Prabhu Ram, who informed her that he had seen Narpat Singh

    taking the deceased along with Bharat and Sonal towards his

    Bera. Thereafter, accompanied by her father-in-law, mother-in-

    law and PW-2, she proceeded to the Bera of the accused in

    search of her daughter.

    72. PW-7 further stated that upon being questioned regarding

    the whereabouts of the deceased, the accused-appellant denied

    that the child had ever come to his Bera. According to the

    witness, PW-2 reminded the accused-appellant that he had

    personally seen him taking the deceased along with the other

    children, whereupon the accused-appellant became aggressive

    and started pushing PW-2. She thereafter accompanied the

    other family members to the house of PW-6 Mahendra, who

    also disclosed that he had seen the accused-appellant taking

    the deceased. The witness further deposed that when they

    again reached the Bera, PW-6 noticed fresh blood stains on the

    left leg portion of the trousers worn by the accused-appellant.

    Upon being questioned, the accused-appellant stated that the

    blood had resulted from an injury sustained by him, but refused

    to show the alleged injury. The witness also stated that after

    the father of the accused-appellant reached the spot, he

    advised the accused-appellant to run away, whereupon the

    accused fled from the place.

    73. The testimony of PW-7 substantially corroborates the

    evidence of PW-2 and PW-6 regarding the sequence of events

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    immediately after the deceased went missing. Her evidence

    also lends assurance to the prosecution case that the family

    members did not straightaway accuse the accused-appellant

    without any basis but first undertook a search for the child and

    only after learning from PW-2 and PW-6 that the accused-

    appellant had taken the deceased towards his Bera, did they

    proceed there to make inquiries.

    74. The defence subjected PW-7 to an extensive cross-

    examination. It was elicited that PW-2 and PW-6 are closely

    related to her family and that several facts stated by her before

    the Court, including the accused stating that he was not

    wearing anything underneath his trousers, do not find place in

    her statement recorded under Section 161 Cr.P.C. The defence

    also highlighted that the police had not shown the seized

    clothes of the deceased to the witness during investigation and

    that she had identified them for the first time before the Court.

    75. We have carefully considered the objections raised by the

    defence. It is true that certain embellishments have crept into

    the testimony of PW-7 with regard to the conversation that

    allegedly took place at the Bera. However, these omissions do

    not affect the core of her evidence. Her deposition regarding

    the search undertaken by the family members, the information

    received from PW-2 and PW-6, the visit to the Bera of the

    accused-appellant, the accused-appellant denying the presence

    of the deceased and the subsequent search for the child

    remains substantially intact despite lengthy cross-examination.

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    76. The identification of the clothes worn by the deceased

    immediately before she left home also assumes relevance.

    Being the mother of the deceased, PW-7 was naturally the most

    competent person to identify the clothes of her minor daughter.

    Merely because the clothes were identified before the Court and

    not during investigation would not, by itself, render such

    identification inadmissible or unreliable. The evidentiary value

    of such identification, however, has to be appreciated along with

    the seizure proceedings and forensic evidence discussed

    separately.

    77. PW-9 Varda Ram, the grandfather of the deceased and

    the informant, broadly corroborated the testimony of PW-7. He

    stated that after the deceased failed to return home, inquiries

    were made in the neighbourhood whereupon PW-2 Prabhu Ram

    and PW-6 Mahendra disclosed that they had seen the accused-

    appellant taking the deceased, Bharat and Sonal towards his

    Bera on the pretext of feeding them berries. Acting upon this

    information, PW-9, accompanied by other family members,

    immediately proceeded to the Bera of the accused-appellant.

    78. PW-9 further deposed that upon being questioned, the

    accused-appellant denied having seen the deceased. According

    to the witness, when PW-6 Mahendra questioned the accused-

    appellant and pointed out the blood stains on his trousers, the

    accused-appellant assaulted Mahendra and thereafter fled from

    the place after his father advised him to run away. The witness

    also stated that blood stains were noticed near the Jaal tree

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    situated in the Bera, whereafter a written report (Ex.P-5) was

    prepared and submitted to the police.

    79. Apart from narrating the events of the previous evening,

    PW-9 has also proved various seizure memos relating to the

    inspection of the place of occurrence, including seizure of blood-

    stained soil, plain soil, blood-stained brick, blood-stained shirt,

    beer bottles, snack packet, wheat stalks and the clothes of the

    deceased recovered from the field. His testimony, therefore, is

    relevant not merely as the informant but also as a witness to

    the various proceedings undertaken by the investigating agency

    at the place of occurrence.

    80. During his cross-examination, the defence attempted to

    discredit PW-9 by highlighting that at the time of lodging the

    written report (Ex.P-5), neither the whereabouts of the

    deceased were known nor had her body been recovered. It was

    further elicited that certain facts narrated by him before the

    Court, such as Mahendra using the flashlight of his mobile

    phone to notice blood stains and the accused-appellant

    assaulting Mahendra, do not find mention either in Ex.P-5 or in

    his police statement.

    81. These omissions undoubtedly deserve careful

    consideration. However, they relate to the manner in which the

    accused-appellant reacted when questioned by the complainant

    party and the sequence in which certain events unfolded at the

    Bera. Such omissions, in our considered opinion, do not

    demolish the prosecution case regarding the immediate search

    for the child or the information received from PW-2 and PW-6

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    that the accused-appellant had taken the deceased towards his

    Bera. The broad substratum of the witness’s evidence has

    remained consistent throughout.

    82. The defence also laid considerable emphasis on the fact

    that PW-9 admitted that the deceased had not been found when

    Ex.P-5 was lodged and that the allegations contained therein

    regarding rape and murder were based upon suspicion. This

    aspect has already been examined while considering the

    challenge to the First Information Report. Suffice it to observe

    that the admission made by PW-9 only indicates that the

    allegations in the FIR were founded upon the suspicious

    circumstances noticed by the complainant party after visiting

    the Bera of the accused-appellant. It does not, by itself,

    establish that the FIR was fabricated or ante-timed.

    83. The relationship of PW-7 and PW-9 with the deceased has

    also been pressed into service by the defence. It is trite that the

    testimony of a related witness cannot be discarded merely on

    account of relationship. On the contrary, the evidence of such

    witnesses deserves careful scrutiny, and if found natural,

    consistent and trustworthy, there is no legal impediment in

    placing reliance thereon. Nothing substantial has been elicited

    during the cross-examination of either PW-7 or PW-9 to indicate

    any pre-existing enmity with the accused-appellant or any

    reason why they would falsely implicate him while allowing the

    real offender to escape.

    84. The Hon’ble Supreme Court in case of Baban Shankar

    Daphal and Ors. vs. The State of Maharashtra reported in

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    2025 INSC 97, while dealing with the issue of testimonies of

    relative witnesses has held as under:-

    “28. In criminal cases, the credibility of witnesses,
    particularly those who are close relatives of the
    victim, is often scrutinized. However, being a
    relative does not automatically render a witness
    “interested” or biased. The term “interested” refers
    to witnesses who have a personal stake in the
    outcome, such as a desire for revenge or to falsely
    implicate the Accused due to enmity or personal
    gain. A “related” witness, on the other hand, is
    someone who may be naturally present at the scene
    of the crime, and their testimony should not be
    dismissed simply because of their relationship to
    the victim. Courts must assess the reliability,
    consistency, and coherence of their statements
    rather than labelling them as untrustworthy.

    29. The distinction between “interested” and
    “related” witnesses has been clarified in Dalip
    Singh v. State of Punjab
    ,: 1953:INSC:46: 1954
    SCR 145 where this Court emphasized that a close
    relative is usually the last person to falsely implicate
    an innocent person. Therefore, in evaluating the
    evidence of a related witness, the court should
    focus on the consistency and credibility of their
    testimony. This approach ensures that the evidence
    is not discarded merely due to familial ties, but is
    instead assessed based on its inherent reliability
    and consistency with other evidence in the case.
    This position has been reiterated by this Court in:

    i. Md. Rojali Ali and Ors v. The State of Assam
    Ministry of Home Affairs
    through secretary;
    MANU/SC/0234/2019: 2019:INSC:223: (2019) 19
    SCC567
    ii. Ganapathi v. State of T.N.;

    MANU/SC/0298/2018: 2018:INSC:271: (2018) 5
    SCC 549
    iii. Jayabalan v. Union Territory of Pondicherry
    MANU/SC/1801/2009: 2009:INSC:1223: (2010) 1
    SCC 199

    30. Though the eyewitnesses who have been
    examined in the present case were closely related
    to the deceased, namely his wife, daughter and son,
    their testimonies are consistent with respect to the
    Accused persons being the assailants who inflicted
    wounds on the deceased. As is revealed from the
    sequence of events that transpired, one of the
    family members was subjected to an assault. It was

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    thus quite natural for the other family members to
    rush on the spot to intervene. The presence of the
    family members on the spot and thus being
    eyewitness has been well established. In such
    circumstances, merely because the eyewitnesses
    are family members, their testimonies cannot be
    discarded solely on that ground”.

    85. In the present case, PW-7 and PW-9 are the mother and

    grandfather of the deceased respectively. Their presence during

    the relevant period and their involvement in the search for the

    missing child are natural and wholly probable. Nothing

    substantial has been elicited during their cross-examination to

    demonstrate that they were falsely implicating the accused-

    appellant or had any motive to substitute the real offender.

    Their testimonies are consistent on the material particulars and

    stand duly corroborated by the medical, scientific and other

    circumstantial evidence brought on record. In these

    circumstances, the mere fact that they are closely related to

    the deceased does not, by itself, render their evidence

    unreliable or unworthy of acceptance.

    86. On a cumulative appreciation of the testimony of PW-7

    Champa and PW-9 Varda Ram, we find that both witnesses

    consistently narrate the sequence of events commencing from

    the disappearance of the deceased, the information furnished

    by PW-2 and PW-6 regarding the accused-appellant taking the

    child towards his Bera, the immediate visit of the complainant

    party to the Bera, the denial by the accused-appellant that the

    deceased had come there, the suspicious conduct exhibited by

    him when questioned and the subsequent search for the

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    missing child. Their evidence, though not constituting direct

    evidence of the crime, lends substantial corroboration to the

    testimony of PW-1, PW-8, PW-2 and PW-6 regarding the events

    immediately preceding the disappearance of the deceased.

    87. We are, therefore, of the considered view that the

    evidence of PW-7 and PW-9 constitutes an important

    corroborative circumstance in the chain of circumstantial

    evidence. The minor omissions and improvements highlighted

    by the defence pertain to peripheral details and do not affect

    the intrinsic credibility of these witnesses or the fundamental

    prosecution case. Their testimony, read conjointly with the

    evidence already discussed, further strengthens the prosecution

    version that the deceased was last seen in the company of the

    accused-appellant and that the conduct of the accused-

    appellant immediately thereafter was wholly inconsistent with

    that of an innocent person. The evidentiary value of these

    circumstances shall, however, be finally assessed together with

    the medical, forensic and recovery evidence while examining

    whether the prosecution has succeeded in establishing a

    complete and unbroken chain of circumstances pointing

    unerringly towards the guilt of the accused-appellant.

    Recovery of the Dead Body and Weapon:

    88. It is true that the prosecution has not prepared a separate

    seizure memo evidencing the actual retrieval of the dead body

    from the well. Equally, the prosecution has not examined the

    persons who physically brought the body out of the well. These

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    omissions undoubtedly reflect lapses in the investigation and

    cannot be lightly brushed aside. Nevertheless, it is equally well

    settled that every omission or irregularity committed during

    investigation does not ipso facto render the prosecution case

    doubtful if the substantive evidence otherwise inspires

    confidence and satisfactorily establishes the relevant facts.

    89. The evidence on record shows that after the missing

    report was lodged and the investigation commenced during the

    night of 24.01.2022, the investigating agency inspected the

    agricultural field of Manohar Singh, father of the accused-

    appellant, where blood-stained earth, plain earth, a blood-

    stained brick, a blood-stained shirt, beer bottles, snack packets,

    blood-stained wheat stalks and the leggings and underwear of

    the deceased were recovered under separate seizure memos.

    The prosecution has proved the site plan (Ex.P-9) and the

    corresponding seizure memos through PW-9 Varda Ram, PW-5

    Bhutaram, PW-12 Ghisaram and the Investigating Officer, who

    have consistently deposed that these articles were recovered

    from the place pointed out during investigation and were sealed

    at the spot in their presence. The cross-examination of these

    witnesses has not elicited any circumstance demonstrating that

    these articles were planted or that the recoveries were

    fabricated. The suggestions made on behalf of the defence were

    confined primarily to minor discrepancies regarding

    measurements, routes and preparation of documents, none of

    which materially affects the genuineness of the recoveries

    themselves.

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    90. The prosecution has further proved that the investigation

    thereafter proceeded to another place of occurrence, namely

    the well situated in the Bera of Pakaram, where a second site

    plan (Ex.P-16) was prepared and blood-stained soil and plain

    soil were seized under Ex.P-17. The testimony of PW-9, PW-5

    and PW-12 regarding these proceedings has remained

    substantially consistent. Their evidence further receives

    corroboration from PW-29 Binjaram, Laboratory Assistant, who

    visited both places of occurrence on the directions of the

    investigating agency, photographed the scene and proved the

    photographs depicting both the agricultural field and the well

    from where the body of the deceased was recovered. Though

    the witness admitted that he neither photographed the actual

    retrieval of the body nor the persons who retrieved it, he

    categorically affirmed that the photographs pertained to the

    second place of occurrence containing the well from which the

    deceased was recovered.

    91. Significantly, apart from the documentary evidence,

    several witnesses have consistently deposed that the dead body

    of the deceased was ultimately recovered from the well situated

    in the Bera of Pakaram. PW-2 Prabhu Ram, PW-4 Pakaram, PW-

    6 Mahendra, PW-11 Raghunath, PW-12 Ghisaram, PW-19 Roop

    Singh, PW-27 Jassa Ram and PW-28 Rajendra Chaudhary have

    all spoken about the recovery of the body from the said well.

    Their evidence on this aspect is substantially consistent and has

    not been effectively impeached during cross-examination. The

    defence has not suggested any alternative place from where the

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    body was recovered nor has any evidence been adduced to

    probabilise that the prosecution fabricated the place of

    recovery.

    92. Considerable emphasis was placed by learned counsel for

    the accused-appellant on the circumstance that the inquest

    report (Ex.P-1) was prepared only after the body reached the

    Community Health Centre, Sumerpur. In our opinion, the

    preparation of the inquest report at the hospital instead of the

    place where the body was found does not, by itself, render the

    recovery doubtful. An inquest under Section 174 Cr.P.C. is

    intended primarily to ascertain the apparent cause of death and

    not to investigate the manner in which the offence was

    committed. The evidentiary value of the recovery of the dead

    body has, therefore, to be assessed from the cumulative oral

    and documentary evidence and not merely from the place

    where the inquest proceedings were drawn.

    93. It is also an undisputed position on record that the dead

    body recovered during the course of investigation was that of

    the missing victim, ‘S’. The identity of the deceased was duly

    established during the investigation and has not been disputed

    by the defence at any stage of the proceedings. Consequently,

    the identity of the recovered dead body as that of the missing

    victim ‘S’ stands conclusively proved and does not require any

    further deliberation.

    94. We also find no substance in the contention that because

    no separate recovery memo of the dead body was prepared,

    the prosecution has failed to establish the place of recovery.

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    The site plan of the second place of occurrence, the

    contemporaneous seizure memos prepared there, the

    photographic evidence and the consistent testimony of the

    prosecution witnesses collectively establish that the dead body

    was recovered from the well situated in the Bera of Pakaram.

    The omission to prepare a separate memo undoubtedly

    constitutes a procedural lapse; however, in the facts of the

    present case, it is not of such magnitude as would completely

    discredit the otherwise cogent evidence regarding the place

    from which the body was recovered.

    95. The next challenge of the defence concerns the recovery

    of the wooden stick (Danda) alleged to be the weapon of

    offence. It has been argued that the recovery effected vide

    Ex.P-6 is inherently doubtful since it was made from an open

    and accessible place which had already been inspected by the

    police on the previous day. It has further been contended that

    had the stick actually been lying at the spot, it would have been

    noticed during the earlier inspection itself and its subsequent

    recovery at the instance of the accused-appellant is nothing but

    a manufactured circumstance.

    96. The evidence relating to this recovery shows that after his

    arrest, the accused-appellant furnished information under

    Section 27 of the Indian Evidence Act, which was reduced into

    writing. Pursuant thereto, he led the investigating party along

    with the motbir witnesses to the agricultural field of his father

    and produced a wooden stick (Danda) concealed within the

    barbed-wire fencing. The stick was found to be stained with

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    blood and was seized under Ex.P-6. The site plan of the place of

    recovery (Ex.P-7) and the spot verification memo (Ex.P-8) were

    simultaneously prepared. These proceedings have been

    consistently proved by PW-3 Tulsaram, PW-10 Mooparam and

    the Investigating Officer PW-36, all of whom have withstood

    lengthy cross-examination on the material aspects of the

    recovery.

    97. It is no doubt true that the recovery was effected from the

    agricultural field which had already been inspected by the

    investigating agency during the initial investigation. However,

    the prosecution witnesses have consistently stated that the

    wooden stick was not lying in the open but had been concealed

    within the fencing and was produced by the accused-appellant

    himself. The Investigating Officer has specifically clarified that

    although the field had earlier been inspected, the particular

    place where the stick had been concealed had not been noticed

    during the earlier inspection. This explanation has not been

    effectively demolished during cross-examination.

    98. It is equally well settled that a discovery under Section 27

    of the Evidence Act does not become inadmissible merely

    because the place from where the article is recovered is

    accessible to others. What lends admissibility to such evidence

    is the discovery of a fact in consequence of information received

    from the accused-appellant while in police custody. If the

    information supplied by the accused-appellant leads to the

    discovery of a material object which was previously unknown to

    the investigating agency, the fact that the place was otherwise

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    accessible does not, by itself, destroy the evidentiary value of

    the recovery. Whether such recovery deserves acceptance

    depends upon the facts of each case and the overall credibility

    of the prosecution evidence.

    99. In the present case, we find no material contradiction in

    the testimony of the recovery witnesses on the essential

    aspects of the recovery. The defence has not suggested to any

    of the witnesses that the stick was visible by ordinary

    observation before the accused allegedly produced it, nor has

    any material been brought on record to establish that the stick

    had in fact been noticed during the earlier inspection. The

    suggestions put to the witnesses were confined to the

    accessibility of the field and certain discrepancies regarding

    preparation of the documents, which, in our opinion, are

    insufficient to discard the recovery altogether.

    100. The evidentiary value of the recovery of the wooden stick

    (Danda) also cannot be considered in isolation. The subsequent

    forensic examination assumes considerable significance.

    According to the FSL and DNA reports, human blood of the

    deceased was detected on the recovered stick (Danda). This

    scientific evidence furnishes substantial corroboration to the

    prosecution case that the recovered stick (Danda) was

    connected with the commission of the offence. The effect of the

    forensic and DNA evidence shall be examined separately while

    dealing with the scientific evidence adduced by the prosecution.

    101. Upon an independent re appreciation of the entire

    evidence, we are of the considered opinion that although the

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    investigation suffers from certain procedural lapses, particularly

    the absence of a separate recovery memo relating to the dead

    body and the non-examination of the persons who retrieved it

    from the well, these deficiencies do not create a reasonable

    doubt regarding the prosecution case. The recovery of the dead

    body from the well situated in the Bera of Pakaram stands

    established by the consistent oral testimony of several

    witnesses, the contemporaneous site plans, seizure memos and

    photographic evidence. Likewise, the recovery of the blood-

    stained wooden stick pursuant to the disclosure statement of

    the accused-appellant is duly proved through reliable evidence

    and constitutes a significant incriminating circumstance. These

    recoveries, when read together with the remaining

    circumstances proved by the prosecution, form an important

    link in the chain of circumstantial evidence, the cumulative

    effect whereof shall be assessed while recording the final

    conclusion regarding the guilt of the accused-appellant.

    Appreciation of Medical Evidence:

    102. The prosecution has next relied upon the medical evidence

    to establish the nature of injuries sustained by the deceased,

    the cause of death, and the allegation of aggravated

    penetrative sexual assault. The prosecution examined PW-13

    Dr. Mahendra Singh, Chairman of the Medical Board, and PW-14

    Dr. Neha Grover, another member of the Board, both of whom

    conducted the post-mortem examination upon the body of the

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    deceased. Their testimony is supported by the post-mortem

    report (Ex.P-27), which has been duly proved during trial.

    103. The post-mortem examination reveals that the deceased

    had sustained multiple grievous ante-mortem injuries over

    different parts of her body as under:-

    i. A reddish-blue contusion and swelling
    measuring 20 cm × 12 cm was present over the
    right side of the face and right side of the scalp.
    On dissection, extensive sub-scalp haemorrhage
    was found beneath the injured area. Four
    lacerated wounds, varying in size from 4 cm × 1
    cm (bone deep) to 6 cm × 1.2 cm (bone deep),
    were present over the right frontal, temporal and
    parietal regions. The underlying skull bones were
    fractured at multiple places, with bone fragments
    protruding through the torn scalp. Massive
    intracranial haemorrhage was present around the
    brain, and portions of the brain matter were found
    protruding through the fractured skull.

    ii. A ligature mark measuring 24 cm in length
    and approximately 5 cm in width was present
    obliquely around the neck at the level of the
    thyroid cartilage. Extravasation of blood was
    found in the underlying tissues and neck muscles.
    An abrasion measuring 8 cm × 4 cm was also
    present immediately below the ligature mark.
    iii. An abrasion measuring 2 cm × 1 cm was
    present below the chin.

    iv. A lacerated wound measuring 3 cm × 0.8 cm
    × 0.5 cm with irregular margins was present over
    the right cheek, approximately 3 cm anterior to
    the angle of the mandible.

    v. Multiple bluish finger-pressure contusions,
    each measuring approximately 0.8 cm, were
    present over the medial and lateral aspects of
    both thighs, suggestive of forceful compression.
    vi. An abrasion measuring 4 cm × 1 cm was
    present over the right hip.

    104. Upon internal examination, the Medical Board opined that

    death had occurred on account of asphyxia resulting from

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    ligature strangulation coupled with cranio-cerebral damage

    caused by severe head injuries. The Board categorically stated

    that Injuries Nos. 1 and 2, independently as well as

    cumulatively, were sufficient in the ordinary course of nature to

    cause death. The injuries were found to be ante-mortem and

    recent. The defence has not been able to discredit this opinion

    in any material manner during cross-examination.

    105. During his deposition before the Court, PW-13 further

    clarified that the head injuries noticed on the deceased were

    not compatible with an accidental fall into a well and were the

    result of forceful impact by a hard object. This opinion assumes

    considerable significance because the defence has not

    suggested any alternative mechanism by which the extensive

    fractures of the skull could have been caused. On the contrary,

    the opinion of the Medical Board completely rules out the

    possibility of accidental death.

    106. So far as the allegation of sexual assault is concerned, the

    Medical Board noticed that there were no visible external or

    internal injuries over the genitalia of the deceased.

    Consequently, vaginal swabs, vaginal smears and other

    biological samples were preserved and sealed for forensic

    examination, with the opinion regarding sexual intercourse

    being kept reserved till receipt of the FSL report. This approach

    adopted by the Medical Board appears to be both scientific and

    consistent with accepted forensic practice.

    107. After receipt of the FSL report, PW-13 gave his final

    opinion that the forensic examination had detected human

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    semen and mixed DNA of the deceased and the accused-

    appellant upon the underwear of the deceased and that the

    DNA profile also connected various biological exhibits with the

    accused-appellant. On the basis of the said scientific findings,

    PW-13 opined that the deceased had been subjected to sexual

    intercourse prior to her death. PW-14 Dr. Neha Grover fully

    supported the findings and conclusions recorded by PW-13.

    Their evidence on these material aspects has remained

    substantially unshaken during cross-examination.

    108. Learned counsel for the accused-appellant has placed

    considerable emphasis upon the circumstance that no injury

    was noticed over the private parts of the deceased and that the

    hymen was found intact. In our considered opinion, this

    circumstance, by itself, cannot be regarded as conclusive of the

    absence of penetrative sexual assault. The absence of genital

    injuries is not an inflexible rule negativing the commission of

    rape, particularly where the victim is a minor child and the

    prosecution relies not only upon medical examination but also

    upon scientific evidence in the nature of DNA profiling.

    109. Equally significant is the fact that although the defence

    repeatedly relied upon the absence of genital injuries, no

    meaningful suggestion was put to either PW-13 or PW-14

    disputing their final medical opinion regarding sexual

    intercourse after receipt of the FSL report. Nor were the

    medical experts confronted with any authoritative medical

    literature to demonstrate that the presence of an intact hymen

    necessarily excludes penetration. The opinion expressed by the

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    Medical Board has, therefore, remained substantially

    unrebutted.

    110. We are also unable to accept the contention that the final

    opinion of the Medical Board deserves to be discarded merely

    because it took into consideration the subsequent FSL report.

    Modern forensic medicine necessarily proceeds upon a

    combined evaluation of clinical findings and scientific

    examination of preserved biological samples. Where the medical

    experts themselves preserve the relevant exhibits during the

    post-mortem and thereafter express a final opinion upon receipt

    of scientific analysis, such opinion cannot be regarded as

    inadmissible or legally infirm merely because it incorporates the

    forensic findings.

    111. It is a settled principle of criminal jurisprudence that

    expert medical evidence is ordinarily advisory in nature and has

    to be appreciated together with the other evidence on record.

    At the same time, where the medical evidence completely

    supports the ocular and circumstantial evidence and remains

    substantially unchallenged, there exists no reason for the Court

    to discard such scientific opinion. In the present case, far from

    contradicting the prosecution case, the medical evidence

    materially reinforces the circumstances established by the

    prosecution.

    112. Upon an independent re-appreciation of the testimony of

    PW-13 Dr. Mahendra Singh, PW-14 Dr. Neha Grover and the

    post-mortem report (Ex.P-27), we are satisfied that the

    prosecution has conclusively established that the deceased

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    suffered multiple ante-mortem injuries, including severe cranio-

    cerebral trauma and ligature strangulation, which were

    sufficient in the ordinary course of nature to cause death. The

    medical evidence further establishes that the death was

    homicidal in nature and completely rules out any possibility of

    accidental death.

    113. We further hold that the absence of injuries over the

    genitalia or the presence of an intact hymen does not, in the

    peculiar facts of the present case, demolish the prosecution

    allegation of penetrative sexual assault. The final opinion of the

    Medical Board, read conjointly with the scientific evidence

    adduced by the prosecution, satisfactorily establishes that the

    deceased was subjected to sexual assault before being

    murdered. The medical evidence thus constitutes a vital and

    reliable link in the chain of circumstantial evidence and lends

    substantial corroboration to the prosecution case. The

    evidentiary value of the forensic and DNA analysis, which forms

    the foundation of the final medical opinion regarding sexual

    assault, shall now be considered separately.

    DNA Evidence and Chain of Custody:

    114. The prosecution has next relied upon the forensic and DNA

    evidence as one of the most significant incriminating

    circumstances connecting the accused-appellant with the

    commission of the offences.

    115. The prosecution examined PW-13 Dr. Mahendra Singh,

    Chairman of the Medical Board, who deposed that during the

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    post-mortem examination, blood samples of the deceased were

    preserved on an FTA card as well as on gauze. Besides the said

    samples, two vaginal swabs and two vaginal smears were also

    collected, sealed separately and preserved in accordance with

    the prescribed procedure. The witness further deposed that all

    the biological exhibits were duly sealed at the Community

    Health Centre, Sumerpur, thereafter forwarded from the office

    of the Medical Jurist, District Hospital, Pali, and ultimately

    handed over to the police carrier in sealed condition. PW-14 Dr.

    Neha Grover, another member of the Medical Board, fully

    corroborated the evidence of PW-13 regarding collection,

    sealing and preservation of the biological samples. Significantly,

    no material suggestion was put to either of these witnesses that

    the samples had been tampered with or were not sealed in

    accordance with law.

    116. The prosecution further examined PW-16 Dr. Ramdan, who

    medically examined the accused-appellant pursuant to the

    orders of the Investigating Officer. The witness deposed that

    after obtaining the consent of the accused-appellant, blood

    samples, buccal swabs, penile swabs, penile smears, pubic hair,

    axillary hair and other biological samples were collected in

    accordance with the prescribed procedure. The blood sample

    was preserved upon an FTA card, duly sealed and handed over

    to the Investigating Officer along with the forwarding letters.

    The witness also proved the potency report and categorically

    stated that the accused-appellant was capable of performing

    sexual intercourse. Despite lengthy cross-examination, nothing

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    substantial has emerged to doubt either the collection or

    sealing of the biological exhibits.

    117. The prosecution has thereafter led cogent evidence

    regarding the movement of the sealed articles from the medical

    authorities to the police station, thereafter to the Malkhana, and

    ultimately to the Forensic Science Laboratory. PW-25 Altaf Khan

    deposed that he received the sealed packets from the Medical

    Board and delivered them to the Malkhana without opening the

    seals. PW-21 Pusharam, the Malkhana Incharge, proved the

    relevant Malkhana Register demonstrating deposit of the sealed

    exhibits. PW-22 Umardeen categorically stated that he received

    eighteen sealed packets along with the forwarding letters,

    transported them to the office of the Superintendent of Police

    and thereafter deposited the same in the Forensic Science

    Laboratory, Jaipur, in the very same sealed condition. The

    forwarding letters, road certificate and acknowledgment

    receipts have also been duly proved during trial. PW-23 Bhima

    Ram corroborated the forwarding of the sealed packets through

    the office of the Superintendent of Police. Throughout their

    cross-examination, none of these witnesses admitted that any

    seal had been tampered with or that the packets had remained

    in unsecured custody at any stage.

    118. The principal attack of the defence is that the FTA card

    containing the blood sample of the accused-appellant did not

    bear an identifying mark and, therefore, the reference sample

    itself became doubtful. We are unable to accept the submission

    in the broad manner canvassed before us. It is true that PW-16

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    and PW-34 admitted that no separate identification mark was

    affixed upon the FTA card. However, the prosecution has

    simultaneously proved the entire chain commencing from

    collection of the sample, its sealing, preparation of forwarding

    letters, deposit in the Malkhana, transmission through official

    channels and receipt by the Forensic Science Laboratory with

    seals found intact. The absence of a separate identifying mark

    on the FTA card, in the peculiar facts of the present case,

    constitutes at best a procedural irregularity and not a

    circumstance sufficient to completely discard the otherwise

    reliable scientific evidence, particularly when there is no

    material suggesting substitution or tampering of the samples.

    119. Equally devoid of merit is the submission advanced on

    behalf of the defence that the clothes recovered during the

    course of investigation were identified for the first time before

    the Court. The evidentiary value of the DNA report does not

    rest solely upon the oral identification of the clothes by the

    relatives of the deceased. Their identity and integrity stand duly

    established from the contemporaneous seizure memos, the

    sealing process, the entries in the Malkhana Register, the

    forwarding documents and the scientific examination conducted

    by the Forensic Science Laboratory. Mere omission to identify

    the articles during the course of investigation, by itself, cannot

    render the scientifically matched biological exhibits unreliable or

    diminish their evidentiary value.

    That apart, the record reveals that PW-7, the mother of

    the deceased, specifically identified before the Court the

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    leggings, underwear and shirt recovered from the dead body as

    belonging to the victim. Significantly, during her cross-

    examination, the defence was unable to elicit any material

    contradiction or circumstance to discredit her identification. No

    suggestion was put to the witness disputing that the said

    clothes belonged to the deceased. Her testimony on this aspect

    has, therefore, remained unshaken and provides further

    assurance to the prosecution case that the clothes recovered

    from the dead body were indeed those of the missing victim,

    thereby reinforcing the identity of the deceased as well as the

    authenticity of the biological exhibits subjected to DNA

    examination and, therefore, the lacuna on the part of the

    prosecution in not getting the clothes of deceased identified at

    the time of recovery will not give any benefit to the accused-

    appellant.

    120. The prosecution further examined PW-34 Dr. Rajesh,

    Scientific Officer, Forensic Science Laboratory, who categorically

    deposed that eight sealed packets were received in the

    laboratory with the seals intact and without any evidence of

    tampering. The witness proved the DNA examination conducted

    by employing internationally accepted DNA profiling techniques

    and furnished the conclusions embodied in Ex.P-28. His

    testimony has remained substantially unshaken during cross-

    examination.

    121. The DNA report establishes that the DNA profile obtained

    from the blood sample of the accused-appellant matched the

    DNA profile detected upon his jeans, shirt and sweater. More

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    significantly, the female DNA profile of the deceased was

    detected upon the accused’s jeans, shirt and sweater, the

    blood-stained shirt recovered from the place of occurrence, the

    blood-stained leggings and underwear recovered from the

    scene of crime, the wooden stick (Danda) recovered pursuant

    to the disclosure statement of the accused, the blood-stained

    soil, brick and wheat stalks seized from the place of occurrence,

    as well as the vaginal swabs and vaginal smears preserved

    during the post-mortem examination. The report further

    revealed the presence of mixed DNA profiles of both the

    accused-appellant and the deceased upon the underwear

    recovered from the place of occurrence.

    122. The cumulative effect of the aforesaid scientific evidence is

    of considerable significance. The presence of the deceased’s

    DNA upon the clothes worn by the accused-appellant

    (shirt, sweater and pant), coupled with the detection of

    the accused’s DNA in the vaginal swabs and other

    biological exhibits collected from the deceased, furnishes

    objective scientific corroboration to the prosecution case.

    Likewise, the detection of the deceased’s DNA upon the wooden

    stick (Danda) recovered pursuant to the disclosure statement of

    the accused-appellant substantially strengthens the evidentiary

    value of the said recovery.

    123. It is well settled that DNA profiling constitutes one of the

    most reliable forms of scientific evidence known to criminal

    jurisprudence. Once the prosecution establishes the integrity of

    the collection, preservation, transmission and examination of

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    the biological exhibits, such evidence assumes great probative

    value. In the present case, although certain procedural

    irregularities have been pointed out by the defence, none of

    them, either individually or collectively, establishes that the

    biological samples were tampered with, substituted or

    contaminated before their examination in the Forensic Science

    Laboratory.

    124. We are, therefore, satisfied that the prosecution has

    successfully established an unbroken chain of custody from the

    stage of collection of biological samples till their examination by

    the Forensic Science Laboratory. The oral testimony of the

    medical experts, the police officials, the Malkhana Incharge, the

    police carrier and the Scientific Officer forms a complete and

    consistent chain demonstrating that the exhibits remained

    sealed and intact throughout.

    125. Consequently, the DNA report (Ex.P-28) inspires complete

    confidence and constitutes a highly incriminating circumstance

    against the accused-appellant. The scientific evidence not only

    corroborates the medical opinion regarding sexual assault but

    also connects the accused-appellant with the place of

    occurrence, the weapon of offence, the clothes recovered from

    the scene of crime and the biological material collected from the

    deceased. Read conjointly with the other circumstances proved

    by the prosecution, the DNA evidence forms one of the

    strongest links in the chain of circumstantial evidence,

    effectively excluding every reasonable hypothesis consistent

    with the innocence of the accused-appellant.

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    Findings and Conclusion:

    126. The circumstances relied upon by the prosecution form a

    complete and unbroken chain leading only to the hypothesis of

    the guilt of the accused-appellant and excluding every

    reasonable hypothesis consistent with his innocence. It is a

    settled principle of criminal jurisprudence that in a case resting

    entirely upon circumstantial evidence, each incriminating

    circumstance must be firmly established, all the circumstances

    must be consistent only with the guilt of the accused, and the

    chain must be so complete that it leaves no reasonable ground

    for a conclusion consistent with the innocence of the accused.

    127. Upon an independent and cumulative re-appreciation of

    the entire evidence on record, this Court is of the considered

    opinion that the prosecution has succeeded in establishing a

    complete and unbroken chain of circumstances which unerringly

    points towards the guilt of the accused-appellant and is wholly

    inconsistent with any hypothesis of innocence. The evidence led

    by the prosecution is not in the nature of isolated or

    disconnected circumstances; rather, each circumstance lends

    assurance to the other, thereby forming a coherent and

    interlinked chain.

    128. The prosecution has satisfactorily established that the

    deceased, a minor girl, was last seen alive in the company of

    the accused-appellant through the cogent, natural and

    trustworthy testimony of PW-1 Bharat, PW-2 Prabhu Ram, PW-6

    Mahendra and PW-8 Sonal. The evidence of PW-1 Bharat and

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    PW-8 Sonal, who are child witnesses, has been subjected to

    careful scrutiny and is found to be consistent, reliable and free

    from any material infirmity. Their testimony stands duly

    corroborated by the evidence of PW-2 Prabhu Ram and PW-6

    Mahendra as well as by the attendant circumstances brought on

    record.

    129. The prosecution has further proved the recovery of blood-

    stained articles, including the clothes of the deceased, blood-

    stained soil, wheat stalks and other incriminating articles from

    the agricultural field of the father of the accused-appellant. The

    dead body of the deceased was subsequently recovered from

    the well situated in the Bera of Pakaram. The blood-stained

    wooden stick (danda), alleged to be the weapon of offence, was

    recovered pursuant to the disclosure statement made by the

    accused-appellant under Section 27 of the Indian Evidence Act.

    Although certain procedural lapses in the investigation have

    been highlighted by the defence, the same do not materially

    affect the genuineness of the recoveries, which stand duly

    corroborated by consistent oral evidence, contemporaneous

    documentary evidence and scientific examination.

    130. The medical evidence conclusively establishes that the

    death of the deceased was homicidal in nature. The post-

    mortem report and the testimony of the Medical Board prove

    that the deceased suffered extensive cranio-cerebral injuries

    and ligature strangulation, both of which were independently

    sufficient in the ordinary course of nature to cause death. The

    medical evidence is wholly consistent with the prosecution case

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    and finds complete corroboration from the forensic

    examination.

    131. The scientific evidence constitutes one of the strongest

    incriminating circumstances against the accused-appellant. The

    prosecution has successfully proved the collection, preservation,

    sealing, transmission and examination of the biological exhibits

    through an unbroken chain of custody. The FSL Report (Ex.P-

    28) conclusively establishes the presence of the DNA profile of

    the deceased on the shirt, sweater and jeans/pant worn by the

    accused-appellant, as also on the recovered weapon and other

    incriminating articles. The forensic evidence, therefore, not only

    corroborates the medical opinion regarding sexual assault but

    also directly connects the accused-appellant with the

    commission of the offences.

    132. Equally significant is the conduct of the accused-appellant.

    Despite the prosecution having established that the deceased

    was last seen alive in his company and despite the scientific

    evidence detecting the biological material of the deceased on

    his clothes and the recovered weapon, the accused-appellant

    failed to furnish any plausible or satisfactory explanation in his

    statement recorded under Section 313 Cr.P.C. regarding the

    disappearance of the deceased or the presence of such

    incriminating biological material. The facts relating to these

    circumstances were especially within his exclusive knowledge

    and, therefore, his failure to offer any explanation constitutes

    an additional incriminating circumstance within the meaning of

    Section 106 of the Indian Evidence Act. Though a false or

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    evasive explanation by itself cannot constitute the sole basis for

    conviction, where the prosecution has otherwise established a

    complete chain of incriminating circumstances, such conduct

    furnishes an additional assurance regarding the truthfulness of

    the prosecution case.

    133. The submission advanced on behalf of the defence that

    the accused-appellant has been falsely implicated by planting

    evidence also does not merit acceptance. It is an admitted

    position emerging from the record that the dead body of the

    victim was recovered on 25.01.2022. The accused-appellant

    himself, in his statement recorded under Section 313 Cr.P.C.,

    stated that on the following day, i.e., 25.01.2022, he was called

    by the police to the cremation ground, where he was allegedly

    assaulted by the members of the complainant party as well as

    by the police, as a result of which he sustained bleeding

    injuries. He further asserted that he was subjected to physical

    assault and coercion thereafter, taken to Mahaveer Hospital and

    ultimately arrested on 26.01.2022. Thus, even according to the

    defence version, the accused-appellant came into police custody

    only on 26.01.2022, after the recovery and cremation of the

    dead body. In these circumstances, the plea that the

    prosecution had falsely implicated the accused-appellant by

    subsequently planting evidence against him is wholly

    unsubstantiated and does not inspire confidence. Apart from

    the bald assertion made in his statement under Section 313

    Cr.P.C., no cogent evidence has been adduced by the defence to

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    probabilise such a plea. The said contention, therefore,

    deserves to be rejected.

    134. It is true that certain omissions and lapses in the

    investigation have been pointed out by the defence. However, it

    is equally well settled that every irregularity or defect in

    investigation cannot be treated as fatal to the prosecution case,

    particularly where the substantive oral, documentary and

    scientific evidence adduced before the Court inspires

    confidence. The deficiencies highlighted by the defence are

    procedural in nature and do not strike at the root of the

    prosecution case so as to create any reasonable doubt

    regarding the involvement of the accused-appellant.

    135. The Hon’ble Supreme Court in The State of Madhya

    Pradesh v. Balveer Singh, reported in 2025 INSC 261, has

    reiterated the principles governing the appreciation of the

    testimony of a child witness and the manner in which the Court

    is required to ascertain whether such testimony is tutored. The

    Court has also enunciated the settled principles for appreciation

    of ocular evidence in a criminal case. The testimony of a child

    witness, therefore, is not to be discarded merely on account of

    the age of the witness, but is required to be carefully

    scrutinized to ascertain its intrinsic worth, consistency and

    naturalness, and whether it bears the imprint of tutoring. At the

    same time, ocular evidence must be appreciated in its entirety

    and tested on the touchstone of credibility, consistency and

    probability. These principles shall guide the appreciation of the

    evidence available on record in the present case.

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    136. In Ratansinh Dalsukhbhai Nayak v. State of Gujarat,

    reported in 2003 AIR SCW 5547, the Hon’ble Supreme Court,

    while considering the testimony of a child witness, observed as

    under:-

    “Para 8……… Further, the trial Court on
    careful examination was satisfied about child’s
    capacity to understand and to give rational
    answers. That being the position, it cannot be
    said that the witness (PW-11) had no maturity
    to understand the import of the questions put
    or to give rational answers. This witness was
    cross-examined at length and in spite thereof
    she had described in detail the scenario
    implicating the accused to be author of the
    crime. The answers given by the child witness
    would go to show that it was only repeating
    what somebody else asked her to say. The
    mere fact that the child was asked to say
    about the occurrence and as to what she saw,
    is no reason to jump to a conclusion that it
    amounted to tutoring and that she was
    deposing only as per tutoring what was not
    otherwise what she actually saw. The learned
    Counsel for the accused-appellant has taken
    pains to point certain discrepancies which are
    of very minor and trifle nature and in no way
    affect the credibility of the prosecution
    version.”

    The Court further observed in para 9:

    “Evidence of PW-11, the child witness has
    credibility which reveals a truthful approach
    and her evidence to put it milady has ring of
    truthing. There are no exaggerations and she
    has stuck to her statement made during
    investigation in all material particulars. That
    being so, the trial Court and the High Court
    were justified in placing implicit reliance on
    her testimony. In addition, the evidence to
    recovery and the report of the Forensic
    Science Laboratory provide additional support
    to the prosecution version.”

    137. These observations fortify the principle that the mere fact

    that a child witness has been asked about the occurrence does

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    not, by itself, establish tutoring. The Court is required to assess

    whether the testimony bears the ring of truth, is consistent on

    material particulars and inspires confidence, while minor

    discrepancies which do not affect the substratum of the

    prosecution case cannot be made a ground to discard otherwise

    credible testimony.

    138. In Edakkandi Dineshan @ P. Dineshan & Ors. v. State

    of Kerala, reported in 2025 INSC 28, the Hon’ble Supreme

    Court, in paragraph 22, while considering the effect of defective

    investigation, has held as under:-

    “22. A cumulative reading of the entire evidence on record
    suggests that the investigation has not taken place in a
    proper and disciplined manner. There are various areas
    where a properly investigation could have strengthened its
    case. In the case of Paras Yadav & ors. vs. State of
    Bihar [1999 (2) SCC 126]. the Apex Court observed as
    under:-

    “para 8……the lapse on the part of the Investigating
    Officer should not be taken in favour of the accused,
    may be that such lapse is committed designedly or
    because of negligence. Hence, the prosecution
    evidence is required to be examined de hors such
    omissions to find out whether the said evidence is
    reliable or not. For this purpose, it would be
    worthwhile to quote the following observations of this
    Court from the case of Ram Bihari Yadav v. State of
    Bihar and others
    , J.T. (1998) 3 SC 290.
    ”In such cases, the story of the prosecution will have
    to be examined de hors such omissions and
    contaminated conduct of the officials otherwise the
    mischief which was deliberately done would be
    perpetuated and justice would be denied to the
    complainant party and this would obviously shake the
    confidence of the people not merely in the law
    enforcing agency but also in the administration of
    justice.”

    Hence, the principle of law is crystal clear that on the
    account of defective investigation the benefit will not inure
    to the accused persons on that ground alone. It is well
    within the domain of the courts to consider the rest of the
    evidence which the prosecution has gathered such as

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    statement of the eyewitnesses, medical report etc. It has
    been a consistent stand of this court that the accused
    cannot claim acquittal on the ground of faulty
    investigation done by the prosecuting agency. As the
    version of eyewitnesses in specifically naming the
    appellants have been consistent throughout the trial, we
    find that there is enough corroboration to drive home the
    guilt of the accused persons……..'”

    139. The aforesaid principle makes it clear that defective or

    negligent investigation, by itself, cannot enure to the benefit of

    the accused or constitute a ground for acquittal. The Court is

    required to examine the substantive evidence on record,

    including the testimony of the eyewitnesses and medical

    evidence, independently of such lapses, and determine whether

    the prosecution has otherwise established the guilt of the

    accused beyond reasonable doubt. Thus, where the ocular

    version remains consistent and is duly corroborated by other

    evidence, mere defects in investigation cannot demolish an

    otherwise reliable prosecution case.

    140. In C. Muniappan & Ors. v. State of Tamil Nadu,

    reported in AIR 2010 SC 3718, the Hon’ble Supreme Court,

    while dealing with irregularities and defects in investigation, in

    paragraphs 43 and 44, has held as under:

    “43. Serious issues have been raised by learned
    senior counsel appearing for the appellants,
    submitting that inquest report was defective as
    there has been much irregularity in the inquest
    itself. Undoubtedly, three Investigating Officers,
    namely, T. Shanmugaiah, Police Inspector (PW.

    116); S. Palanimuthu (PW.121); and John Basha
    (PW.122) had conducted the investigation at the
    initial stage. The occurrence was so ugly and awful
    that the I.Os. had conducted the investigation under
    great anxiety and tension. The seizure memos were
    also prepared in the same state of affairs.

    Therefore, when the investigation had been

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    conducted in such a charged atmosphere, some
    irregularities were bound to occur. There is ample
    evidence on record to show that after burning of the
    University bus, when the students came to know
    that three girls had been charred and large number
    of girl students had suffered burn injuries, they
    became so violent that they damaged the
    ambulance which had been brought to take bodies
    of the deceased girls for conducting autopsy. The
    State Authorities, after keeping all these factors in
    mind and realizing that the investigation had not
    been conducted in proper manner, had taken a
    decision to transfer the investigation to the CBCID.
    Therefore, the irregularities committed in the
    investigation by the earlier I.Os. has too little
    relevance on the merits of the case. The evidence
    collected by the said three I.Os. was not worth
    placing reliance on and has rightly been not relied
    upon by the subsequent Investigating Officer.

    44.There may be highly defective investigation in a
    case. However, it is to be examined as to whether
    there is any lapse by the I.O. and whether due to
    such lapse any benefit should be given to the
    accused. The law on this issue is well settled that
    the defect in the investigation by itself cannot be a
    ground for acquittal. If primacy is given to such
    designed or negligent investigations or to the
    omissions or lapses by perfunctory investigation,
    the faith and confidence of the people in the
    criminal justice administration would be eroded.
    Where there has been negligence on the part of the
    investigating agency or omissions, etc. which
    resulted in defective investigation, there is a legal
    obligation on the part of the court to examine the
    prosecution evidence dehors such lapses, carefully,
    to find out whether the said evidence is reliable or
    not and to what extent it is reliable and as to
    whether such lapses affected the object of finding
    out the truth. Therefore, the investigation is not the
    solitary area for judicial scrutiny in a criminal trial.
    The conclusion of the trial in the case cannot be
    allowed to depend solely on the probity of
    investigation…….”

    141. The aforesaid dictum makes it clear that irregularities,

    omissions or even highly defective investigation do not, by

    themselves, furnish a ground for acquittal. The Court is under a

    legal obligation to scrutinize the substantive prosecution

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    evidence dehors such lapses, to assess its reliability and

    determine whether the defects in investigation have materially

    affected the quest for truth. Thus, the outcome of a criminal

    trial cannot be made to depend solely upon the manner in

    which the investigation has been conducted, particularly where

    the evidence otherwise inspires confidence and establishes the

    prosecution case.

    142. In Veerendra v. State of Madhya Pradesh, reported in

    AIR 2022 SC 2396, the Hon’ble Supreme Court, while

    considering the effect of the accused’s failure to explain

    incriminating circumstances in his statement under Section 313

    Cr.P.C., in paragraph 47, has held as under:-

    “47. ……….it is evident that an additional link is
    available in this case owing to the failure on the
    part of the appellant to explain all the aforesaid
    incriminating circumstances. While being
    examined under Section 313. Cr.P.C. in respect of
    all questions his answers were either ‘it is false’ or
    ‘I do not know’. There is absolutely no case for the
    appellant that all the incriminating circumstances
    were not put to him. In view of Pattu Rajan’s case
    (supra) and other decisions such as, Trimukh
    Maroti Kirkan v. State of Maharashtra
    (2006 AIR
    SCW 5300) offering no explanation on
    incriminating circumstances mentioned above
    would become an additional link in the chain of
    circumstances. The cumulative effect of all the
    aforesaid circumstances, referred to in detail
    hereinbefore, would definitely justify the finding of
    the High Court as to the guilt of the appellant.”

    143. The aforesaid principle makes it clear that where the

    incriminating circumstances appearing against an accused are

    duly put to him in his examination under Section 313 Cr.P.C.,

    and the accused fails to offer any explanation or merely

    responds with a bald denial, such failure may, in an appropriate

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    case, constitute an additional link in the chain of circumstances.

    However, such circumstance is required to be considered

    cumulatively with the other evidence and circumstances proved

    by the prosecution. The statement under Section 313 Cr.P.C.

    cannot, by itself, substitute substantive evidence, but the

    absence of any plausible explanation to the incriminating

    circumstances, when considered along with the prosecution

    evidence, may lend further support to the conclusion regarding

    the guilt of the accused.

    144. Thus, on a cumulative evaluation of the testimony of the

    last-seen witnesses, the recoveries effected during

    investigation, the recovery of the weapon of offence at the

    instance of the accused-appellant, the medical evidence, the

    forensic and DNA evidence, and the conduct of the accused-

    appellant, this Court is satisfied that the prosecution has proved

    every incriminating circumstance beyond reasonable doubt. The

    chain of circumstantial evidence is complete and excludes every

    reasonable hypothesis except that of the guilt of the accused-

    appellant. The minor discrepancies and investigative lapses

    relied upon by the defence are inconsequential and cannot be

    permitted to overshadow the otherwise cogent, reliable and

    scientifically corroborated evidence establishing the guilt of the

    accused-appellant.

    145. We are, therefore, satisfied that the prosecution has

    succeeded in proving every incriminating circumstance beyond

    reasonable doubt. The findings recorded by the learned Trial

    Court are based upon a proper appreciation of the oral,

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    documentary and scientific evidence available on record and do

    not suffer from any perversity, illegality or misappropriation

    warranting interference by this Court.

    146. In view of the foregoing discussion, we find no merit in

    the submissions advanced on behalf of the accused-appellant.

    The conviction recorded by the learned Trial Court for the

    offences under sections 366, 302 and 201 of the Indian Penal

    Code and Under Sections 5(m) punishable under Section 6 of

    the Protection of Children from Sexual Offences Act, 2012 is

    found to be proved against the accused-appellant. The

    prosecution has successfully established the guilt of the

    accused-appellant beyond all reasonable doubt, and the learned

    Trial Court has rightly recorded finding of conviction against the

    accused-appellant.

    Question of Sentence:

    147. The matter was thereafter heard on the question of

    sentence. Upon recording the conviction of the accused-

    appellants for the offences proved against them, the learned

    trial Court awarded the sentence of death for the offence

    punishable under Sections 366, 302 and 201 of the Indian Penal

    Code and Under Sections 5(m) punishable under Section 6 of

    the Protection of Children from Sexual Offences Act, 2012, in

    compliance with the mandate of Section 366 Cr.P.C. (now

    corresponding provisions under section 407 BNSS, will be

    applicable), made a reference to this Court for confirmation of

    the capital sentence.

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    148. Learned counsel appearing on behalf of the accused-

    appellant submitted that the accused was merely 22 years of

    age at the time of the incident and, therefore, possessed

    sufficient potential for reformation and rehabilitation. He further

    submitted that there is no adverse report regarding the conduct

    of the accused-appellant while in judicial custody, which

    indicates that his behaviour in prison has remained satisfactory.

    Learned counsel submitted that the prosecution has not

    established any significant criminal antecedents against the

    accused-appellant. Except for one previous case registered as

    FIR No. 135/2020 at Police Station Takhatgarh for the offences

    punishable under Sections 447, 325 and 341 IPC, no other

    criminal history has been attributed to him and, therefore, he

    cannot be regarded as a habitual or hardened criminal.

    149. Learned counsel further submitted that the prosecution

    failed to place on record any psychological or psychiatric

    evaluation of the accused so as to assess whether he is beyond

    the possibility of reform or rehabilitation. He also submitted

    that, being a young first-time offender involved in his first

    serious offence, the accused-appellant has every possibility of

    reformation and reintegration into society, and, therefore, the

    imposition of the extreme penalty of death is wholly unjustified.

    150. Learned counsel vehemently submitted that the present

    case does not satisfy the constitutional and judicially evolved

    parameters governing the “rarest of rare” doctrine. According to

    him, the learned Trial Court has laid undue emphasis upon the

    brutality and heinous nature of the crime while imposing the

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    death sentence without undertaking the mandatory balancing

    exercise between the aggravating and mitigating circumstances.

    He further submitted that the learned Trial Court has applied

    only the crime test, while completely overlooking the criminal

    test and the rarest of rare test, which are indispensable

    considerations before awarding capital punishment. He,

    therefore, prayed that the sentence of death awarded to the

    accused-appellant deserves to be commuted to imprisonment

    for life.

    151. In support of the aforesaid submissions, learned counsel

    for the accused-appellant placed reliance upon the decisions of

    the Hon’ble Supreme Court in Mohd. Firoz v. State of

    Madhya Pradesh (Criminal Appeal No. 612 of 2019, decided

    on 19.04.2022), particularly paragraphs 42 and 43, and

    Shatrughan Baban Meshram v. State of Maharashtra,

    reported in 2020 INSC 624, particularly paragraphs 30, 53

    and 54, to submitted that in the absence of evidence

    demonstrating that the accused is beyond the possibility of

    reformation, the sentence of death ought to be commuted to

    imprisonment for life. Learned counsel also placed reliance upon

    Rabbu @ Sarvesh v. State of Madhya Pradesh, reported in

    2024 INSC 720, particularly paragraphs 16 to 19, to

    submitted that even in cases involving grave offences, the

    Hon’ble Supreme Court has considered it appropriate to

    commute the death sentence to a fixed term of imprisonment,

    and, therefore, the appellant is entitled to similar relief.

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    152. Per contra, learned Additional Advocate General Mr.

    Deepak Choudhary, appearing on behalf of the State and

    learned Senior Advocate Mr. Jagmal Singh Choudhary,

    appearing on behalf of the complainant, supported the

    impugned judgment as well as the sentence imposed by the

    learned Trial Court and submitted that the present case

    squarely falls within the category of the “rarest of rare” cases.

    They submitted that the aggravating circumstances

    overwhelmingly outweigh the mitigating circumstances and,

    therefore, the sentence of death awarded by the learned Trial

    Court deserves to be affirmed.

    153. According to the learned counsel, the chain of

    circumstantial evidence proved by the prosecution unmistakably

    establishes that the accused-appellant abducted the minor

    victim, committed aggravated penetrative sexual assault,

    caused her homicidal death and thereafter disposed of her dead

    body in the well with the intention of causing disappearance of

    evidence and screening himself from legal punishment. He,

    therefore, prayed that the conviction recorded by the learned

    Trial Court be upheld, the criminal appeal preferred by the

    accused-appellant be dismissed and the Death Reference be

    answered in the affirmative by confirming the sentence

    awarded by the learned Trial Court.

    154. In this regard, it is a well-established legal position that

    death penalty can be awarded only in the rarest of rare cases.

    In this regard, the Hon’ble Supreme Court has also given

    guidelines in Bachan Singh vs State of Punjab Criminal

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    Appeal Nos. 607-608 of 2017; (1982) 3 SCC 24. It is in

    this context that the Hon’ble Supreme Court’s decision in

    Lehna vs. State of Haryana; Appeal (Crl.) 733 of 2001

    also, in paragraphs 21, 23 and 29, the following directions were

    given in this case where three murders were committed, in that

    case the death sentence was commuted to life imprisonment:-

    21. In Machhi Singh‘s case (supra), it was
    observed:-

    “The following questions may be asked and
    answered as a test to determine the ‘rarest of the
    rare’ case in which death sentence can be
    inflicted:-

    (a) Is there something uncommon about the crime
    which renders sentence of imprisonment for life
    inadequate and calls for a death sentence?

    (b) Are the circumstances of the crime such that
    there is no alternative but to impose death
    sentence even after according maximum
    weightage to the mitigating circumstances which
    speak in favour of the offender?”

    23. In rarest of rare cases when the collective
    conscience of the community is so shocked, that it
    will expect the holders of the judicial power center
    to inflict death penalty irrespective of their
    personal opinion as regards desirability or
    otherwise of retaining death penalty, death
    sentence can be awarded. The community may
    entertain such sentiment in the following
    circumstances:-

    (1) When the murder is committed in an extremely
    brutal, grotesque, diabolical, revolting, or dastardly
    manner so as to arouse intense and extreme
    indignation of the community.

    (2) When the murder is committed for a motive
    which evinces total depravity and meanness; e.g.
    murder by hired assassin for money or reward; or
    cold-blooded murder for gains of a person vis-a-vis
    whom the murderer is in a dominating position or
    in a position of trust; or murder is committed in
    the course for betrayal of the motherland.

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    (3) When murder of a member of a Scheduled
    Caste or minority community etc., is committed
    not for personal reasons but in circumstances
    which arouse social wrath, or in cases of ‘bride
    burning’ or ‘dowry deaths’ or when murder is
    committed in order to remarry for the sake of
    extracting dowry once again or to marry another
    woman on account of infatuation.

    (4) When the crime is enormous is proportion. For
    instance when multiple murders, say of all or
    almost all the members of a family or a large
    number of persons of a particular caste,
    community, or locality, are committed.

    (5) When the victim of murder is an innocent child,
    or a helpless woman or old or infirm person or a
    person vis-a-vis whom the murderer is in a
    dominating position, or a public figure generally
    loved and respected by the community.

    29. As the background facts go to show the
    genesis of dispute between the accused and the
    other members of his family was land. Accused
    seems to have taken exception to his father taking
    away the land from him. As the evidence indicates,
    he considered his brother, sister-in-law to be
    responsible for the same. It is also in evidence that
    2-3 days before the occurrence, there was a bitter
    quarrel between the accused and other members
    of his family. Evidence of PW-7 is to the effect that
    there used to be constant quarrel between PW-6,
    deceased Jai Bhagwan, deceased Saroj on one
    hand and the accused on the other, over ancestral
    land. It is also in evidence that the deceased Jai
    Bhagwan was not of moral character and PW-6 had
    forcibly occupied the land of temple for which
    villagers had set on fire a piece of their house.
    Though injuries on accused person do not per se
    affect prosecution version if reliable; when not
    explained it assumes importance if they are
    serious in nature. The fact that the injuries were
    sustained in the present case by the accused is not
    disputed. In fact, PW-7 has admitted that PW-6
    had given a thorough thrashing to the accused in
    the court-yard after assaults on the three accused
    persons. As the medical evidence indicates, the
    injuries sustained by the accused were of very
    serious nature. It is true three lives have been lost.
    But at the same time, the mental condition of the
    accused which led to the assault cannot be lost
    sight of. The same may not be relevant to judge
    culpability. But is certainly a factor while
    considering question of sentence. There is no
    evidence of any diabolic planning to commit the
    crime, though cruel was the act. Deprived of his
    livelihood on account of the land being taken away,
    the accused was, as the evidence shows, exhibiting
    his displeasure, his resentment. Frequency of the
    quarrels indicates lack of any sinister planning to

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    take away lives of the deceased. The factual
    scenario gives impressions of impulsive act and not
    planned assaults. In the peculiar background,
    death sentence would not be proper. A sentence of
    imprisonment for life will be more appropriate. The
    sentence is accordingly modified, while confirming
    the conviction for offence punishable under Section
    302
    IPC.”

    155. Before examining whether the present case falls within the

    category of the “rarest of rare” cases, it is necessary to advert

    to the principles laid down by the Hon’ble Supreme Court in

    Lehna Vs. State of Haryana, Appeal (Crl.) No.733 of

    2001, wherein, after noticing the principles enunciated in

    Machhi Singh & Ors. Vs. State of Punjab reported in1983

    AIR 957 the Court reiterated that the sentence of death can be

    imposed only where the circumstances of the crime are so

    exceptional that the alternative punishment of imprisonment for

    life is unquestionably inadequate. The tests formulated in

    Machhi Singh (supra), namely, whether there exists

    something uncommon about the crime rendering life

    imprisonment inadequate and whether there remains no

    alternative except the sentence of death after according due

    weight to the mitigating circumstances, continue to govern the

    exercise of sentencing discretion.

    156. Applying the aforesaid principles to the facts of the

    present case, we are conscious of the fact that the offence

    committed by the accused-appellant is undoubtedly grave,

    brutal and has shaken the conscience of society. A minor child

    was abducted, subjected to sexual assault, brutally murdered

    and her dead body was thereafter thrown into a well with the

    object of causing disappearance of evidence. The manner in

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    which the offence was committed undoubtedly constitutes a

    significant aggravating circumstance. However, the brutality of

    the crime, by itself, cannot be the sole determinative factor for

    imposing the extreme penalty of death. Equally important is the

    assessment of the offender and the possibility of his

    reformation and rehabilitation.

    157. The material available on record indicates that the

    accused-appellant was about 22 years of age at the time of the

    occurrence. Except for one previous criminal case registered as

    FIR No.135/2020 at Police Station Takhatgarh for the offences

    punishable under Sections 447, 325 and 341 IPC, no material

    has been placed before this Court to indicate that he is a

    habitual or hardened criminal. The jail record also does not

    disclose any adverse conduct during his incarceration.

    Significantly, the prosecution has not placed on record any

    psychological, psychiatric or behavioural assessment to

    establish that the accused-appellant is beyond the possibility of

    reformation or rehabilitation or that he would continue to pose

    a perpetual threat to society if sentenced to imprisonment for

    life.

    158. It is equally significant that the prosecution has not led

    any evidence to demonstrate that the accused-appellant is

    incapable of reform or that the alternative punishment of

    imprisonment for life would be wholly inadequate to meet the

    ends of justice. The absence of any material relating to the

    personality, behavioural profile or possibility of reformation of

    the accused assumes considerable significance in view of the

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    settled principles governing the award of capital punishment.

    The burden lies upon the prosecution to place before the Court

    sufficient material enabling it to undertake a meaningful

    balancing exercise between the aggravating and mitigating

    circumstances. In the absence of such material, the Court

    would be slow in concluding that the case falls within the

    exceptional category warranting the irreversible punishment of

    death.

    159. Though the aggravating circumstances in the present case

    are undoubtedly weighty and justify the conviction of the

    accused-appellant for the offences proved against him, they do

    not, in our considered opinion, eclipse the mitigating

    circumstances emerging from the record. The youthfulness of

    the accused-appellant at the time of the incident, the absence

    of any significant criminal antecedents, his satisfactory conduct

    in jail and, above all, the absence of evidence indicating that he

    is beyond the possibility of reformation and rehabilitation,

    constitute mitigating circumstances which cannot be ignored

    while considering the question of sentence.

    160. We are, therefore, unable to hold that the present case

    satisfies the stringent parameters governing the “rarest of rare”

    tests formulated in Machhi Singh (supra) and reiterated in

    Lehna (supra). The brutality and heinous nature of the offence

    undoubtedly satisfy the crime test; however, the prosecution

    has failed to place adequate material to satisfy the criminal

    test, namely, that the accused-appellant is beyond the

    possibility of reform and rehabilitation. Consequently, the final

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    balancing exercise required under the rarest of rare test does

    not persuade this Court to conclude that the alternative

    punishment of imprisonment for life is unquestionably

    foreclosed.

    161. However, in the considered opinion of this Court is that,

    although the offence committed by the accused-appellants is

    undoubtedly heinous, brutal and deserving of the severest

    condemnation, the present case does not satisfy the stringent

    parameters governing the imposition of capital punishment. The

    circumstances brought on record do not disclose such

    exceptional features as would render the sentence of

    imprisonment for life altogether inadequate or demonstrate that

    the alternative option is unquestionably foreclosed. It is a

    settled principle of criminal jurisprudence that the death penalty

    is to be awarded only in the “rarest of rare” cases, where the

    Court, upon balancing the aggravating and mitigating

    circumstances, arrives at the conclusion that the collective

    sentencing conscience of the law leaves no alternative except

    the imposition of the extreme penalty. In the present case,

    though the aggravating circumstances are undoubtedly grave,

    they are not of such an exceptional nature as to justify the

    irreversible punishment of death. Thus, while considering the

    question of sentence, this Court has also taken into account the

    mitigation report submitted by the Office of the Station House

    Officer, Police Station Takhatgarh, District Pali, in compliance

    with the directions issued by the Hon’ble Supreme Court in

    Manoj v. State of Madhya Pradesh (2023) 2 SCC 353.

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    162. Pursuant to the directions issued by this Court, a

    mitigation report dated 14.04.2026 was submitted by the

    Station House Officer, Police Station Takhatgarh, District Pali,

    along with the latest Nominal Roll/Custody Certificate issued by

    the Superintendent, Central Jail, Jaipur. As per the mitigation

    report, the accused-appellant Narpat Singh @ Napsa was about

    28 years of age at the time of preparation of the report and

    belongs to a Rajput family residing in Village Pichawa, Police

    Station Takhatgarh, District Pali. The report reveals that the

    accused-appellant has studied up to 10th Standard and was

    primarily engaged in agricultural activities prior to the

    occurrence. It further records that the accused belongs to a

    family of modest middle-class socio-economic status. The

    report also sets out the family background of the accused-

    appellant, including his parents, brother and married sister.

    163. The mitigation report further discloses that the father,

    mother and brother of the accused-appellant have previously

    been involved in certain criminal cases. So far as the accused-

    appellant himself is concerned, the report records only one

    previous criminal case, namely, FIR No. 135/2020 registered at

    Police Station Takhatgarh for the offences punishable under

    Sections 143, 447, 427 and 323 IPC, wherein a charge-sheet

    came to be filed for the offences punishable under Sections

    325, 447 and 34 IPC. Except for the aforesaid case, no other

    criminal antecedent has been attributed to the accused-

    appellant. The report does not disclose any history of mental

    illness, psychiatric disorder or psychological abnormality

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    requiring specialized medical intervention. Though the report

    makes a general observation that the social behaviour of the

    accused is not satisfactory, no supporting material or specific

    instance has been indicated in support of the said observation.

    164. The Nominal Roll/Custody Certificate issued by the

    Superintendent, Central Jail, Jaipur further reveals that the

    accused-appellant has remained in continuous judicial custody

    since his arrest and, as on 19.05.2026, had undergone actual

    incarceration of four years, six months and eighteen days,

    inclusive of the period of detention undergone as an under trial

    prisoner. The custody certificate further records that the general

    health of the accused-appellant is satisfactory and, significantly,

    his conduct in prison has remained satisfactory throughout the

    period of incarceration.

    165. Thus, the mitigating circumstances emerging from the

    mitigation report and the custody certificate may broadly be

    summarized as follows: the accused-appellant was a young

    person at the time of the occurrence; he had studied only up to

    the 10th Standard; he belongs to a modest middle-class

    agricultural family and was engaged in farming prior to the

    incident; only one previous criminal case has been attributed to

    him and no material has been placed on record to establish that

    he is a habitual or hardened criminal; there is no evidence of

    any mental illness or psychiatric disorder; he has remained in

    continuous judicial custody for a substantial period; and, most

    importantly, his conduct during incarceration has been reported

    to be satisfactory. These circumstances, though incapable of

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    diminishing the gravity and heinousness of the offences proved

    against the accused-appellant, nevertheless constitute relevant

    mitigating factors which are required to be weighed against the

    aggravating circumstances while determining the appropriate

    sentence in accordance with the settled principles governing the

    award of capital punishment.

    166. Having bestowed our thoughtful consideration upon the

    aggravating and mitigating circumstances emerging from the

    record, this Court is of the considered opinion that the offences

    committed by the accused-appellant are undoubtedly grave,

    heinous and deserve the highest degree of judicial

    condemnation. The evidence on record conclusively establishes

    that the accused-appellant abducted the minor victim,

    committed aggravate penetrative sexual assault upon her,

    caused her homicidal death and thereafter threw her dead body

    into a well with the intention of causing disappearance of

    evidence and screening himself from legal punishment. The

    brutality of the crime, the tender age of the victim and the

    manner in which the offence was executed constitute significant

    aggravating circumstances against the accused-appellant.

    167. However, the sentencing process in a capital case does not

    rest solely upon the gravity of the crime. It equally requires the

    Court to undertake a careful balancing of the aggravating and

    mitigating circumstances before determining whether the case

    falls within the exceptional category warranting the irreversible

    punishment of death. The mitigation report and the custody

    certificate disclose that the accused-appellant was a young

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    person at the time of the occurrence; had studied only up to

    the 10th Standard; belonged to a modest middle-class

    agricultural family and was engaged in farming prior to the

    incident; only one previous criminal case has been attributed to

    him and there is no material to indicate that he is a habitual or

    hardened criminal; there is no evidence of any mental illness,

    psychiatric disorder or behavioural abnormality; he has

    remained in continuous judicial custody for a considerable

    period; and, significantly, his conduct during incarceration has

    been reported to be satisfactory. Though these circumstances

    do not, in any manner, lessen the gravity or heinousness of the

    offences proved against the accused-appellant, they

    nevertheless constitute relevant mitigating factors which are

    required to be weighed against the aggravating circumstances

    in accordance with the settled principles governing the award of

    capital punishment. It is only after such a balanced

    consideration that the Court can determine whether the

    alternative punishment of imprisonment for life stands

    unquestionably foreclosed or whether the case falls within the

    category of the “rarest of rare” cases warranting confirmation of

    the sentence of death.

    168. It is well settled through a catena of decisions of the

    Hon’ble Supreme Court that the sentence of death is an

    exception and imprisonment for life is the rule. Capital

    punishment can be awarded only where, after balancing the

    aggravating and mitigating circumstances, the Court reaches

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    the conclusion that the alternative sentence of life

    imprisonment is unquestionably inadequate.

    169. Consequently, while affirming the conviction of the

    accused-appellants for the offences recorded by the learned

    trial Court, the Death Reference made under Section 366 Cr.P.C.

    deserves to be answered in the negative. The sentence of

    death awarded to accused-appellant Narpat Singh @ Napsa for

    the offence under section 302 of the Indian Penal Code is,

    accordingly, commuted to imprisonment for the remainder

    of his natural life, subject to the payment of fine as imposed

    by the learned trial Court. In default of payment of fine, the

    accused-appellant shall undergo the sentence as directed by the

    learned trial Court. The sentences awarded for the remaining

    offences shall remain unaltered and shall operate in the manner

    directed by the learned trial Court.

    170. Accordingly, the appeal is partly allowed to the extent of

    modification of sentence as indicated above, and the murder

    reference submitted for confirmation of death sentence is

    rejected. The conviction stands affirmed.

    171. The record of the learned trial Court be sent back

    forthwith along with a copy of this judgment.

    D.B. Criminal Appeal (SB) No. 2120/2022:-

    172. The present criminal appeal has been preferred by the

    complainant. However, learned counsel appearing for the

    complainant-appellant does not want to press the present

    criminal appeal.

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    173. In view of the above, the present criminal appeal,

    preferred by the complainant-appellant stands dismissed as not

    pressed.

    (CHANDRA SHEKHAR SHARMA),J (VINIT KUMAR MATHUR),J

    /Kartik Dave/-

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