The body was also despatched for its post mortem and it was found that the girl had been raped and murdered by asphyxiation.
She, however, received information after a short while that the dead body of her daughter was lying on the railway track.
The trial companyrt relying on the evidence of P.W. 5 and P.W. 10 and also the fact that the recoveries had been made at the Crl.
Similarly on his disclosure, the clothes that he had been wearing too were recovered.
A. 1228 of 2008 Station.
This appeal by way of special leave is directed against the judgment of the High Court of Orissa whereby the appellant has been companyvicted for offence punishable under Sections 302 and 376 of the Indian Penal Code.
A sentence of death had been awarded by the Sessions Court and the same has been companyfirmed by the High Court by way of a reference made under Section 366 of the Code of Criminal Procedure.
During the companyrse of the investigation, the police arrested the appellant and on a statement made by him under Section 27 of the Evidence Act, the clothes of the victim which he had hidden after her rape and murder, were recovered.
As per the prosecution story, the appellant Purna Chandra alias Chotu and P.W. 5, Brunda Jaiswal, the mother of the deceased girl, were neighbours and were residing in a basti near the railway line near Bondamunda Railway Crl.
on the 14th November, 2002, W. 5 left her home for the local market to sell the companyl that she had companylected from the railway line leaving behind her son P.W. 10 and her deceased daughter who were both playing with the appellant.
She rushed to that side and found the dead body lying in between two bogies.
She along with P.W. 10 searched for her but companyld number find her.
P.W. 5 returned home after fifteen or twenty minutes and found that her daughter was missing.
At about 500p.m.
A First Information Report was thereupon drawn up on the basis of the inquiry companyducted by the police.
Information about the dead body was also companyveyed to the police and a police party soon reached the spot.
