JUDGMENT :

RAMESH SINHA, J.

1. This criminal appeal under Section 374(2) of the Cr.P.C. is directed against the impugned judgment of conviction and order of sentence dated 10.12.2021 passed by the First Additional Sessions Judge, Ramanujganj, in Sessions Case No. R-11/2016, by which the appellant herein has been convicted for offence punishable under Sections 366, 376, 302 and 201 of the IPC and sentenced to undergo RI for five years and fine of Rs.500/- in default of payment of fine to further undergo imprisonment for 30 days, RI for ten years and fine of Rs.500/- in default of payment of fine to further undergo imprisonment for 15 days, imprisonment for life and fine of Rs.500/- in default of payment of fine, to further undergo imprisonment for 30 days and RI for five years and fine of Rs.500/- in default of payment of fine to further undergo imprisonment for 15 days.

2. Case of the prosecution, in brief, is that on 05.10.2015 at 2 p.m. at Wadrafnagar, P.S. Basantpur, the appellant/ accused kidnapped the prosecutrix and took her at Makhaphaker nursery forest where he committed forcefully intercourse with her and thereafter killed her and tried to disappear the evidence. Missing report was lodged by Smt.Mudhun Devi (PW-1) vide Ex.P-13 and thereafter merg intimation was recorded by her vide Ex.P-22. On the basis of dehali nalishi, FIR in Crime No. 108/2015 for offence under Section 302 and 201 of the IPC was registered against the appellant vide Ex.P-15. Thereafter the appellant was interrogated and on the basis of his memorandum statement vide Ex.P-3, identification panchnama was prepared vide Ex.P-4. Dead body of deceased Manto was recovered vide recovery panchnama Ex.P-5 in presence of Shivkumar and Anand Kushwaha (PW-3). Bicycle was seized vide Ex.P-11. Bloodstained stone of 4.500 kg. bloodstained soil and plain soil were seized from the spot vide seizure memo Ex.P-10. The accused/appellant was sent for examination vide Ex.P-19A and he was examined by Dr.Govind Singh (PW-15) vide Ex.P-19 in which he has opined that the appellant/accused was capable of performing sexual intercourse. Naksha panchayatnama was prepared vide Ex.P-7. Spot map was prepared by the investigating officer vide Ex.P-8. A pair of anklet of the deceased was seized from the spot vide Ex.P-9. The appellant was arrested vide arrest memo Ex.P-12. Dead body of the deceased was sent for postmortem to Primary Health Center, Wadrafnagar, where Dr. Shashank Gupta (PW-12) conducted postmortem over the body of the deceased vide Ex.P-16 and found following injuries:

“1. Lacerated wound over center of the forehead size 1 x 1 x 1 cm caused by hard & blunt object. Antemortem in nature.

2. Lacerated wound on left side just lateral to chins 3 x 2 x 1 cm caused by hard & blunt object & antemortem in nature.

3. Lacerated wound over right side temporal bone size 8 x 4 x 3 cm & some one temporal bone fracture, caused by hard & blunt objects & antemortem in nature.

4. Whole skin as peeling off.

5. Contusions over right temporal & right parietal bone part of the skull & right side of the face size 15 x 10 cm below this injuries fracture right temporal & right parietal bone & right side mandible caused by hard & blunt objects & antemortem in nature.”

He opined that mode of death as asphyxia resulting from throttling and death was homicidal in nature. Seized articles were sent for chemical examination to the Forensic Science Laboratory and vide report dated 14.1.2016 (not exhibited), blood was found on article “C” which was used for commission of offence.

3. Statements of the witnesses were recorded under Section 161 of the Cr.P.C. After completion of investigation, charge-sheet was filed against the appellant before the jurisdictional criminal court and the case was committed to the Court of Sessions for trial from where the learned First Additional Sessions Judge, Ramanujganj received the case on transfer for trial and for hearing and disposal in accordance with law.

4. The trial Court