The need for corroborative evidence to support last seen evidence and the requirement to prove guilt beyond reasonable doubt.

Kailash Gambhir, J.

1. By this appeal filed under Section 374(2) of Cr.P.C. the appellant – Shahnawaj @ Sonu seeks to challenge the judgment dated 3rd October 2009 and order on sentence dated 9th October 2009 passed by the Additional District Judge (North-East), Karkardooma Courts, Delhi, whereby the appellant was convicted for committing an offence punishable under Section 302 IPC and sentenced to undergo imprisonment for life together with imposition of fine of Rs.30,000/- and in default thereof to undergo simple imprisonment for a period of one month.

2. The case in hand relates to the murder of a child named Mohd. Sami @ Nanhe aged about 10-11 years who as per the prosecution case was accompanying the appellant for going to the gym. The exact prosecution story as unfolded by the charge sheet filed by the prosecution is as under:-

i) On 21.05.2004, at about 8.15 P.M, one passer-by told ASI Devi Ram that one child aged about 10-11 years was lying near Kacha rasta, Ganda Nala Patri, Delhi Jal Board, New Jaffrabad, Delhi. He also informed him that the dead body was having injury marks on his body. On this the duty officer recorded the report vide DD no. 17-A and S.I. Emadul Islam alongwith Ct. Deshraj were sent to the spot. Inspector Ran Singh, Additional SHO alongwith Ct. Rajinder also reached at the spot. Crime team also reached at the spot. Rukka was prepared by the Additional SHO, Ran Singh and it was sent to police station through constable Rajinder for registration of the case. The SHO also reached at the spot and found the deceased wearing a brown coloured cotteridged half pant, round neck half sleeves T-shirt and ‘hawai chappal’. The clothes of the deceased were blood stained. The deceased was having injury marks on his chest, stomach and other parts of the body and the said injury marks were caused by sharp edged knife. The blood was lying near the dead body. The dead body could not be identified nor any eye witness was present at the spot. FIR under section 302 IPC was registered. The clothes and the accessories were taken into possession. The dead body was sent to mortuary GTB hospital.

ii) Smt. Farida, w/o late Mohd. Salim came along with her brother-in-law Sh. Hameed Raza at GTB hospital and identified the dead body of her son as Mohd. Sami @ Nanhe. The post mortem was conducted on 22.05.2004 at about 11 a.m. and as per the post mortem report, the time since death came to be 16 hours. The dead body was noticed at 8.20 p.m., the cause of death was shock as a result of haemorrhage produced by ante-mortem injuries to internal organs. Injuries were produced by sharp edged weapon and injury Nos.1,2,3,5 and 9 were held to be sufficient to cause death independently as well as collectively. Regarding the sexual assault, if any, the post mortem report stated that the opinion would be given after obtaining the report of the anal swab. Smt. Farida i.e. the mother of the deceased disclosed during the investigation u/s 161 Cr.P.C. that her son was taken by accused Sonu @ Shahnawaj on the pretext of taking him to the gym. The elder brother namely Sunny also suspected the accused Sonu and Tahir. One Ahmed Ali, a resident of the same locality also gave a statement u/s 161 Cr.P.C. on 21.05.2004, that he had seen the deceased with the accused Sonu, Tahir and Wasim after crossing 66 feet road towards Jaffrabad pulia 65 feet road. On 24.05.04, accused Shahnawaj @ Sonu was apprehended at the instance of Farida i.e. the mother of the deceased. Accused Shahnawaj @ Sonu confessed his crime and at his instance, accused Tahir @ Yamin was arrested, who also made the disclosure statement. Accused Tahir @ Yamin got recovered one knife and on the same day, at the instance of the accused Sonu, accused Wasim was also apprehended and he also confessed the crime. The medical examination of the accused Wasim @ Munna was also conducted at GTB Hospital and the doctor opined that there was nothing to suggest that the patient cannot have sexua