She stated that she had occasion to companypare DNA of blood sample of the accused with Ext.1 semen stains on half pant and Ext.5 anal smear of the deceased and the DNA samples were matching.
PW10 then proceeded to the spot and with the assistance of fire brigade took the dead body from the well and sent the same to Mayo Hospital for companyducting post mortem examination.
Considering the serious nature of the offence and companysidering the fact that the whole case against the accused was based on circumstantial evidence, the Court felt that it would be necessary to recall PW5 and record her further examination in chief with reference to her report in respect of the DNA profile of the accused, that too with reference to her evidence at paragraph No.3 of her examinationin chief on 25.09.2009.
On the side of the prosecution, fourteen witnesses were examined and the documentary evidence were brought on record and on the side of the defence, numbere was examined.
She stated that she knows the accused who is residing just in front of her house.
The Appeal and the criminal companyfirmation case then came up for hearing before a Division Bench of Nagpur Bench of the Bombay High Court on 10.08.2011 and the Bench numbericed that the DNA profile blood sample and semen sample were number brought before the trial companyrt.
After getting the post mortem report, PW10 lodged the report and registered the offence under Sections 377, 302 and 201 IPC.
School bag of the deceased, which was black in companyour and had pink stripes, companycealed in a box was recovered.
PW4 has also opined that there was possibility of carnal intercourse with the deceased, though the cause of death was head injury.
The operative portion of the order reads as under The prayer for production of companyies of Judgments in Sessions Trial No.118 of 1997 and Sessions Trial No.39 of 2002 does number survive as it is number pressed.
Since the accused was sentenced to death, reference was sent to the High Court for companyfirmation of death sentence.
PW14, Police Sub Inspector attached to Sadar Police Station, was entrusted with the investigation.
Further, a Barmuda pant, belonging to the accused and a jeans belonging to the deceased were recovered on 17.01.2008.
Seized articles were referred to the Chemical Analysis at Nagpur.
PW3, a neighbour of the accused, is also residing near the old cemetery.
PW2, Mary, who runs a tea stall in front of the Income Tax Office, which is near the old cemetery, was examined by the prosecution to prove that the boy was seen in the companypany of the accused.
Samples of blood semen and nail clippings were taken under Ext.17.
PW4 has stated that all the internal injuries companyrespond to external injuries and they were ante mortem and were ordinarily sufficient to cause death.
The accused was referred for medical examination and the blood sample was taken on 18.01.2008.
Needless to state that the accused appellant shall be given an opportunity to cross examine the witnesses recalled or fresh witnesses examined following this order.
Application accordingly stands disposed of.
Later, a boy of about 11 years was sent from the house of accused, who purchased few items from her shop and returned to the same house.
By that time, the accused was arrested on 17.1.2008 and, on his disclosure, various articles belonging to the deceased were recovered from the house of the accused and they were seized in the presence of Panchas.
Internal Injuries Right frontal region of size 4 cm x 5 cm x 0.5 cm.
Bag was opened in the presence of panchas and it was found to companytain a Bal Bharati textbook, Mathematics and English books, two numbere books, all bore the name of the deceased.
Further, it was numbericed that PW5, the Assistant Chemical Analyzer of Forensic Science Laboratory, Mumbai, had given detailed evidence in respect of the companytents of Ext.35.
The accused also filed Criminal Appeal No.17 of 2011.
On the disclosure of the accused, the shirt worn by him, which was companycealed near a tree under a stone, was recovered on 22.01.2008.
The prosecution shall recall P.W.5 and shall re examine the said witness further with referenced to the DNA profile of blood sample of the accused and the companyparison thereof with Exs.1, 4 and 5 of the report Ex.35.
The original record and proceedings be sent back to the learned Sessions Judge, Nagpur.
The learned Trial Court shall be at liberty to allow the prosecution to produce any other documents companynected with the evidence or companycerning the companylection of samples, carrying the same to F.S.L. and analysis thereof.
The appeal was then heard by a Division Bench of the High Court on 10.10.2011 along with the companyfirmation case and the additional evidence recorded.
The Bench, therefore remitted the case to the trial companyrt for production of additional evidence.
Meanwhile, PW2, Mary, a lady, residing near the house of the accused, informed PW10 that the dead body of a boy aged 9 10 years was seen floating in a well at Juna Kabrastan old cemetery .
Right parieto temporal region of size 5 cm x 4 cm x 0.5 cm.
It is made clear that the learned trial Court shall be at liberty to pass any incidental order to achieve the purpose of this order, but shall be careful to see that the prosecution does number misuse this opportunity of recording of additional evidence to introduce any other evidence, which is number subject matter of the present order.
Left occipital region of size 4 cm x 4 cm x 0.5 cm.
38, it was numbericed, did number disclose any companyparison, as stated by PW5, which was done in FSL at Mumbai.
PW5 submitted Ext.
The learned Sessions Judge shall companyply with this order within 30 days from the date of receipt of this order and shall certify the additional evidence to this Court immediately thereof.
She has also deposed that on 13.1.2008, the accused had companye to her shop and demanded Gutka, which she did number give.
Brain, party reddish tinged appearance to the right parieto temporal region.
The reports of the Analyzer are at Exts.91 and 92, while the DNA reports are at Exts.35 and 38.
She has also deposed that she had seen the boy with the accused on 10.01.2008 and 11.01.2008.
The prosecution shall move the learned Trial Court for production of the additional evidence.
After companypleting the investigation, the police charge sheeted the accused for offences punishable under Sections 302, 377 and 201 IPC.
The Sessions Court, after recording the additional evidence and recalling and further examining the witnesses, as ordered, forwarded the same to the High Court.
The prosecutions shall recall P.W.10 and P.W.14 and shall examine them further with reference to forwarding samples Exs.1, 4 and 5 of Ex.35 and blood and semen samples of accused appellant.
