G.S. Sistani, J.

Oral:

CRL.M.A. No.8145/2013

1. This is an application for condonation of 355 days delay in filing the present leave to appeal. For the reasons stated in the application, the application is allowed. Delay in filing leave to appeal is condoned.

2. Application stands disposed of.

CRL.L.P. No.264/2013

3. By the present petition, State seeks leave to appeal against the judgment dated 20.01.2012 passed by the learned Additional Sessions Judge. The respondent was charged for the offences punishable under Sections 302/376/377 IPC and an FIR was registered for the above sections on the allegation of rape and murder of one 5 year old girl. The prosecution examined 31 witnesses, the statement of the accused was recorded under Section 313 of the Code of Criminal Procedure. The trial court has acquitted the accused, as the prosecution had failed to bring home the guilt of the accused beyond reasonable doubt.

4. As per DD No.28A, police was informed that daughter of the informer had fallen in the tank; the information was assigned to ASI Vijender for making a preliminary inquiry; ASI along with constable Sat Narnia reached at the spot, where he found blood lying on the floor of the roof adjacent to the empty water tank. He also found 2 pairs of sealed chappal inside the tank, one small brown colour Pyjama and one blue colour sleeveless upper wear, one orange colour type hair clip was found. No eye witness was found at the spot. ASI learnt that the child was taken to the hospital by her mother. As per the MLC, the 5 year old child was brought dead to the hospital. He found black colour bruises on both ears and right side of the throat and on the chest. Statement of mother of the child was recorded; and the dead body was sent to the mortuary. As per the statement of the mother, she was residing at the first floor of E-34, near Mata Chowk, Mahipal Pur, New Delhi on rent along with her mother and daughter; her husband had gone to Nagaland two months ago. She was on duty at Indian Spinal Injury Hospital, Vasant Kunj, New Delhi from 2:00 p.m. to 8:00 p.m., where she was working as a staff nurse. At about 4:45 p.m. she had left the house for duty leaving her mother and daughter at home. She received a call at 2:30 p.m. from her neighbour, Vinod, who asked her to speak to her mother. Her mother informed that her daughter was missing. On reaching home, she tried to trace her daughter at the terrace; when she was searching for her daughter, she found Manoj Thapa standing there; she asked him if he had seen her daughter, upon which he told the mother of the deceased that he was also searching for her. She was then informed by her Aunty that her daughter was in the Sintex tank. She searched 2 tanks but did not find her daughter. The Aunty told her to go to the roof of the other house, where she found her daughter. In the meanwhile, Manoj had run away from there.

5. Learned APP for the State submits that the judgment of the learned Sessions Court is contrary to law and the facts established on record. The Sessions Court has failed to appreciate the evidence on record and wrongly acquitted the respondent. It is contended by Mr. Mahajan, learned counsel for the State that there is sufficient evidence and material proved on record to bring home the offences charged against the respondent. It is also the case of the State that the Sessions court has failed to appreciate that there was sufficient circumstantial evidence proved on record to convict the respondent for the offences charged. It is contended that the chain of circumstances was complete and the evidence led on record was sufficient to bring home the guilt of the accused beyond reasonable doubt. It is further contended that the testimonies of the prosecution witnesses corroborate the story of the prosecution, wherein the chain of events formed and unerringly point towards the guilt of the accused and rule out his innocence.

6. It is next contended that the medical evidence