Mere recovery of minor rape-murder victim's body from accused's locked room, without proof of last seen together, accused's presence or forensic link, fails to form complete circumstantial chain for conviction; Section 106 presumption inapplicable absent foundational facts. (32 words)

JUDGMENT :

BIBEK CHAUDHURI, J.

1. The instant criminal appeal is directed against a judgement of conviction and sentence passed by the learned Additional Sessions Judge, Fast Track, 2^nd Court at Patna on 16^th of February, 2019, whereby and whereunder, the learned Trial Judge held the appellant guilty for committing offence under Sections 376/302 of the Indian Penal Code and convicted and sentenced him to suffer rigorous imprisonment for life for the offence punishable under Section 376 of the IPC and rigorous imprisonment for life till the end of his natural life for the offence punishable under Section 302 of the .

2. On the basis of an oral statement made by one Jawahar Kumar Ray of village Mohaddipur, which was reduced to writing by Sub-Inspector, K. N. Paswan on 17^th of December, 2007, S.K. Puri P.S Case No. 228 of 2007, dated 17^th of December, 2007, for the offence punishable under Sections 376 and 302 of the Indian Penal Code was registered.

3. It is alleged by the informant that at the relevant point when the alleged incident took place, he used to reside at New Punaichak, Jhuggi-Jhopadpatti by the side of the railway line within Police Station-S. K. Puri. On 16^th of December, 2007 in the evening, the wife of the informant, namely, Kachan Devi sent her daughter, since deceased, aged about 8 years, to collect waste papers. At that place, the appellant was also present. His child also went to collect papers. When the informant returned at about 08:30 P.M. on 16^th of December, 2006, after pulling rickshaw, he did not find his minor daughter at home. He and his wife conducted a search for their daughter at nearby area and asked the local people about her whereabouts but the local people failed to give any reply to them. Then they suspected that his daughter might be in the room of the appellant. He went to the house of the appellant to find out his daughter but found that the house and the entrance gate of the appellant were locked and it was dark inside. On the following morning at about 07:00. A.M., the informant again conducted search of his daughter. During search, he peeped through the closed door of the room of the appellant and found that her daughter lying dead inside the room of the appellant. With the help of local people, the lock of the entrance gate and the door of the room were broken. The informant and others saw the dead body of her daughter having injuries and scratch marks all over her body. Her undergarment and pant were found open and blood was found near her buttock. He suspected that the appellant who was also residing at the relevant point of time at New Punaichak, Jhuggi-Jhopadpatti committed rape upon his daughter and thereafter murdered her by throttling.

4. The S.H.O., S.K. Puri, Police Station instructed S.I. K. N. Paswan to take up the investigation of the case. During investigation, he recovered the dead body of the daughter of the informant; held inquest over the dead body of the deceased at the place of occurrence; seized blood-stained earth from the place of occurrence; and one photocopy of voter identity card from the room of the appellant. He also examined available witnesses and recorded their statement under Section 161 of the Cr.P.C. Thereafter, he sent the dead body of the deceased for post-mortem examination to P.M.C.H. He also obtained forensic re