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
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
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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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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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[2026:RJ-JP:33448-DB] (91 of 92) [MREF-3/2022]
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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