Judgment

Jagdish Singh Khehar, J.

Leave granted.

2. Saraswati Kumari, the daughter of the appellant (also the complainant) in this case is stated to have gone to attend a “mela” (festival) along with her brother -Sunny Devol, and her cousin brother -Devender Razak, on 21.10.2007. Saraswati Kumari did not return from the “mela”. Her dead body was however recovered on 22.10.2007. Madan Razak, the father of Saraswati Kumari, identified her body at police station, Bibhutipur, on 23.10.2007.

3. The record of this case reveals, that a Chawkidar - Bindeshwari Paswan, lodged a first information report bearing no. 180 of 22.10.2007, when the body of a half naked girl-child was recovered. A perusal of the report reveals, that the child of about 13/14 years, whose body was recovered, was not identified (and was referred to as – unknown girl, in the first information report). The first information report also reveals, strangulation marks, as also, the presence of semen and blood on the genitals of the deceased. The aforesaid first information report dated 22.10.2007 further indicated that froth was emerging from the mouth of the deceased.

4. Consequent upon the identification of his daughter Sarasw