JUDGMENT

HARJIT SINGH BEDI, J.

1. As the facts have been very comprehensively given in the order of Pasayat, J., we will only refer to such facts as are necessary for the disposal of the reference which has been made to us. Suffice it to say that the accused-appellant Rameshbhai Chandubhai Rathod, aged about 28 years, was employed as a watchman in Sanudip Apartments, Rander Road, Surat City. Flat No.A/2 was occupied by the complainant Nareshbhai Thakorebhai Patel, his wife, a son Brijesh, aged 16 years, and the deceased, a daughter, a Class IV student in Ankur School. The accused-appellant was residing with his wife Savita and two children in a one room tenement close by.

2. On the 17th December 1999, the complainant and his wife went to Udhana at about 8.00 p.m. to attend a religious ceremony and on returning therefrom found that their daughter was missing. Frantic enquiries made by the family, bore no result. The complainant thereupon lodged a FIR at 2.30 a.m. on the 18th December 1999 with the Rander Police Station to that effect. The complainant nevertheless continued to search for the child and in due course ascertained from one Bipinbhai Bhandari, one of his friends, who told h