IMPORTANT POINT
In a case based on circumstantial evidence accused cannot be convicted unless all links in the chain of circumstances are established.

JUDGMENT

Pinaki Chandra Ghose, J.

1. These appeals, by special leave, are directed against the judgment and order dated 23.07.2008, passed by the High Court of Madhya Pradesh at Jabalpur in Criminal Appeal No.11 of 2008 along with Criminal Reference No.4 of 2007, whereby the High Court allowed the criminal appeal filed by the respondent herein and acquitted him and disposed of the Criminal Reference No.4 of 2007 filed by the State of Madhya Pradesh.

2. The case of the prosecution, stated briefly, is that on 19.05.2004 at 8.30 A.M., the complainant Ram Sunder Sen lodged a report at Police Chowki Kotar stating that there was a function in his house on 18.05.2004 in which his relatives and family members had gathered. His daughter Anita, aged about 12 years, after eating meal, had gone to sleep at 7.00 P.M. in front of the main gate of his house as there was no electricity in the house then. After the function was over, at about 11.00 P.M., he and his family members also slept there. Next morning i.e. on 19.05.2004 at 6.00 A.M., the wife of Sarpanch Vansbahadur informed that the dead body of Anita was lying in Bari near the house of the Sarpanch. She was not wearing underwear and skirt. There were abrasions on her forehead, nose and face. Abrasions were also found on the neck as well as nearby navel region. Blood was oozing out of private part, cut on the face and ankles of both the legs. FIR against an unknown person was lodged, the dead body was sent for post-mortem and investigation was thrown open. The Investigating Officer recorded the statements of the witnesses. On the basis of the statement of the witnesses, accused Narendra @ Bode Singh Patel was arrested who admitted his guilt and at his instance, blood-stained underwears of the deceased as also the accused were recovered from a pitcher kept behind his house.

3. After investigation was complete, Police filed challan before the Court against accused Narendra and the case was committed to the Sessions Court for trial. After considering the material on record and hearing the counsel for the accused, charges were framed against accused Narendra for offence punishable under Sections 302, 376(2)(f) and 201 of the Indian Penal Code, 1873 (“IPC” for short). The charges were read over and explained to the accused to which he pleaded not guilty and claimed for trial.

4. The Trial Court by its judgment and order dated 18.12.2007, convicted the respondent accused and awarded capital punishment to him for offence punishable under Section 302 IPC. The Trial Court further sentenced him to rigorous imprisonment for life for offence punishable under Section 376(2)(f), and rigorous imprisonment for seven years and a fine of Rs100, with default clause, for the offence punishable under Section 201 IPC. Thereafter, the matter was referred to the High Court of Madhya Pradesh for confirmation of death sentence vide Criminal Reference No.4 of 2007. The accused also filed an appeal before the High Court, being Criminal Appeal No.11 of 2008. The High Court by the impugned judgment allowed the appeal filed by the accused on the ground that the prosecution failed to prove the chain of circumstances sufficient enough to connect the accused with the alleged offence and, consequently, the respondent accused was set at liberty.

5. Aggrieved by the judgment of acquittal passed by the High Court of Madhya Pradesh, the complainant, who is the father of the deceased, has approached this Court by filing Criminal Appeal Nos.1793-1794 of 2011. The State of Madhya Pradesh has also challenged before us the judgment of acquittal passed by the High Court vide Criminal Appeal Nos.1795-1796 of 2011. Learned counsel for the complainant-appellant has inter alia submitted that the judgment of the Trial Court is well reasoned and well considered. Both the counsel for the complainant-appellant and counsel for the State have assailed the reasoning given by the High Court in arriving at a wrong conclusion i.e. the innocen