The judgment establishes the principle that complete and conclusive evidence is required to establish guilt beyond reasonable doubt in cases relying on circumstantial evidence.

S.P. GARG, J.

1. Accused Naval Kishore (appellant herein) and Lalit Narain @ Raju (since acquitted) were arrested and sent to the court for trial for committing offences punishable under Section 302/363/364/34 IPC. The learned Additional Sessions Judge by impugned judgment dated 05.02.1998 convicted the accused Naval Kishore for committing offence punishable under Section 363/302 IPC and sentenced him to undergo imprisonment for life with fine of `1,000/- u/S 302 IPC. Co-accused Lalit Narain @ Raju was acquitted of all the charges. Accused-Naval Kishore has preferred the appeal against the impugned judgment.

2. Criminal law was set into motion at around 1:45 A.M. on the night intervening 21/22.2.1995 when DD No. 18/A (Ex.PW-1/A) was recorded at PS Mansarover Park, East Delhi by Head Constable Om Prakash on the information given by B.D.Sharma that his son Dinesh Kumar @ Debu aged 10 years on return from the school at about 2:00 P.M. had gone out to play with children at 3:00 P.M. but did not return thereafter. Efforts were made to trace the child but in vain. On 22.02.1995 SI Harpal Singh recorded statement of B.D.Sharma where he suspected the kidnapping of his son. He made an endorsement on the statement and sent rukka at 5:00 P.M. to register the case under Section 363 IPC. Attempts to find out clues about the missing child remained futile. The IO recorded statements of the concerned witnesses conversant with the facts.

3. On 24.2.1995 at about 12:30 noon on getting telephonic information from an unknown person about the dead body of a child lying at a plot at Kattu Farm, near DDA flats, DD No.8/A (Ex.PW-23/B) was recorded. The investigation was assigned to SI Harpal Singh who along with constable Onkar Singh (PW-12) reached plot No.71 D, Kattu Farm, near DDA Flats and found the dead body of a child lying at the corner of the half portion of the plot which had already been sold by B.D.Sharma to someone. B.D.Sharma and Narender Kumar identified the dead body as that of Dinesh @ Debu. The IO informed senior officers and requisitioned the dog squad and crime team including the photographer. During the course of investigation, he conducted inquest proceedings; took the photographs, seized the belt, shirt, pant and one chappal of the left foot lying at the spot and prepared necessary seizure memos. He also seized a blood stained lock with which the room, where accused Naval Kishore resided, was locked and it was opened with a duplicate key provided by the deceased’s father.

4. During the course of investigation, post-mortem of the dead body was conducted. After the post-mortem, the body was released to the deceased’s father. After the recovery of dead body on 24.02.1995, complainant-B.D.Sharma suspected the hand of the accused in the crime and alleged that on the day, the child went missing, he was last seen by his family members at about 3:00 P.M. with the accused Naval Kishore when he went to his house and took the deceased in the pretext of teaching him cycling. Since the father of the deceased had indicted the accused as the perpetrator of crime, the police set out to apprehend them. On 26.02.1995, on receiving the secret information, the accused Naval Kishore was arrested at Railway Station, Shahdara. He was interrogated and pursuant to the disclosure statement, led the police to his room B-71, Kattu Farm, Uttam Nagar, Delhi; took up a spade lying there; dug the earth with that spade and recovered the deceased’s chappal of right foot underneath it. It was identified by the complainant to be that of his deceased son.

5. On 02.03.1995 accused Lalit Narain @ Raju was produced by his father in the Police Station and was arrested. IO recorded his disclosure statement.

6. After conclusion of the investigations, both Naval Kishore and Lalit Narain were charged with committing the said offences. While rejecting Lalit Narain’s bail application on 09.06.1995, the learned Additional Sessions Judge direct