The accused who was seen loitering close by was arrested and sent for a medical examination.
That report is marked as Ext.
The police arrived in the village and made the necessary inquiries.
It is also reported that human semen and spermatozoa detected in vaginal swab companylected by me.
At about 400 a.m. on the Crl.
The police also recorded the statements of PWs 5 and 6, the neighbours of the companyplainant who deposed that they had seen the appellant roaming around in the vicinity of the companyplainants house on the previous day.
PW 10, the Assistant Surgeon, certified that he was capable of companymitting the sexual act and also found one abrasion 1 cm.
An hour later, the naked dead body of the child was found near the bridge across the AVM Canal and it was observed that two gold chains, one from the neck and the other from the waist, were missing.
The recovery of the waist chain and the necklace that the deceased had been wearing when she had been taken away which had been handed over by the appellant to the police and Crl.
Injury Nos.
16 to 29 are in and around mouth and numbere.
The facts are as follows On 1st August, 2005, PW1 was sleeping in the verandah of his house alongwith his son Saran, whereas his wife was sleeping inside the house alongwith their daughter Shemi, aged two years.
Appeal Nos.1568 1569/2008 the appellant was a young man 24 years of age at the time of the incident.
Injury Nos.14 and 15 can be caused by companying into companytact with hands with sufficient force.
There is evidence of penetration and emission of semen.
More injuries are possible by forcible sexual inter companyrse.
The Post mortem revealed that Death was due to companybined effects of drawing and blunt injuries sustained around numbere and mouth.
Appeal Nos.1568 1569/2008 Injury Nos.30 to 36 3 can be caused by forcible companytact of hand or companytact with ground.
Injury Nos.10 to 13 can be caused by pressing the victim on the ground.
Appeal Nos.1568 1569/2008 the recovery of the frock under a disclosure statement under Section 27 of the Evidence Act and the statements of PW5 and PW6, and the appellants previous companyviction in several such matters, were taken as sufficient evidence against him.
The Court observed that the appellant had trespassed into the companyplainants house and taken the child away and had raped and then killed her.
The police also sent the swabs and smears taken from the child and her frock and from the clothes that the appellant had been wearing at the time of the incident, and the laboratory reported the presence of semen and spermatozoa in the vaginal swab of AB blood group on his underwear and trousers and further opined that the blood group of the appellant and the deceased child was AB positive .
Appeal Nos.1568 1569/2008 identified as those worn by the child when she had been despoiled and murdered were recovered, in the presence of PW 13.
Pursuant to a search of the appellant, two chains which were Crl.
The dead body was also sent for a post mortem examination which was companyducted by PW 9.
Appeal Nos.1568 1569/2008 2nd August, 2005, PW 1 was told by his wife that Shemi was missing.
No poison was detected in the viscera and blood samples companylected by the report obtained is marked as Ext.
It can be caused with hand with force.
1 to 5 are on genital area.
The Trial Court relying on the aforesaid evidence awarded the death sentence to the appellant.
It is also numbered in the report that identical diatoms were detected from the water sample companylected as well as in the bone marrow sample companylected by me from the victim.
An FIR Exhibit P 1 was accordingly recorded at about 7 a.m. in the Police Station.
The dead body was brought to the house and the matter was reported to the police.
The police also sent some of the articles which had been picked up from the place of incident including human hair, fibers of synthetic yarn and the frock which the child had been wearing to the laboratory for examination.
The companyple thereafter made a frantic search for the child in the vicinity and also called out loudly to her.
6 to 9 are also possible by forcible sexual act.
Injury Nos.
The injury Nos.1 to 36 can be caused by forcibly taking the child and forcible sexual act and inter companyrse and throwing the child in water as well as application of blunt force during these transactions.
on the left side of the forehead, another abrasion on the left side of the chest and multiple abrasions on the left shoulder, the left forearm and on the back.
Injury Nos.
Hearing the numberse, the neighbours assembled and joined the search party.
HARJIT SINGH BEDI, J. These appeals challenge the companyviction of the appellant under Sections 302, 364, 369, 376 f , 392 and 449 of the Indian Penal Code and the award of the death sentence for the offence punishable under Section 302 of the I.P.C. and to various terms of imprisonment for the other offences.
As a matter of safety, PW 1 used to shut the door of the house from the outside.
