Indermeet Kaur, J.

1. Sunita (PW-10) the mother of the victim Neha had made a complaint in Police Station Okhla Industrial Area on 12.06.2005 at about 01:30 PM which was to the effect that her daughter aged three years named Neha had been taken away by the appellant Mukesh on the pretext of giving her toffee; this was in the morning at 08:30 AM; since then Neha had not returned and inspite of frantic efforts made by her and her husband to search for her daughter, she was not traceable.

2. On this complaint of Sunita (Ex.PW-12/A), the rukka (Ex.PW-12/B) was dispatched and was received by ASI Shanti (PW-4) who registered the formal FIR under Section 363 of the IPC. Inspector Sunil Kumar (PW-12) along with PW-10 reached the house of the complainant. They met Manoj Thakur, the father of the victim. The appellant was also found present at the spot. He was interrogated. He made a disclosure statement (Ex.PW-10/C). He disclosed that he had taken baby Neha to the empty Container Depot, Badarpur near Tughlakabad Railway Station where he had committed rape on her and later on killed her.

3. PW-12 along with the father of the victim Manoj Thakur, constable Jai Prakash (PW6A), HC Shokender (PW-9) accompanied by the public witness Rajesh (PW-2) reached the spot and at the pointing out of the appellant container No. PCIU 3286726 was checked; naked body of the victim Neha was found lying there; near the body, a blue coloured ‘T’shirt, a blue underwear, blue chappal and frock with blood were lying.

4. Inspector Sunil Kumar the then SHO (PW-12) was informed who also reached the spot. Crime team was summoned of whom SI R.S. Naruka (PW-8) was In-charge. Photographs were taken by HC Ram Pal (PW-5) negatives of which have been proved as Ex PW-5/A/1-15 and positives were proved as Ex PW-5/B/1-15 vide memo Ex.PW-6/A. No finger prints were found at the spot.

5. The ‘T’shirt, underwear, chappal and tagri as also the hair sample of the victim and her two blood samples were also taken into possession vide a separate memo Ex.PW-2/A. The appellant also got recovered the weapon of offence i.e. the blood stained knife which was recovered from near the railway line Tughlakabad Railway Station and was seized and taken into possession vide memo Ex.PW-2/B.

6. Scaled site plan was prepared by SI Mahesh Kumar (PW-11), the draftsman proved as Ex.PW-11/A.

7. The dead body was sent to the mortuary. On the following day i.e. 13.06.2005, the post mortem on the victim was conducted. The following injuries were noted upon her person.

“1. Linear abrasion of size 4 cm with contusion 1x1 cm on left side chin.

2. Multiple linear cut marks, horizontally placed of size 6 to 18 cm on anterior chest wall situated 5 cm below nipple skin deep with clotted blood.

3. Incised wound of size 5 x2xm x bone deep with clotted blood at right side of injury no.2 on anterior chest wall.

4. Linear cut wound on thoraeo abdominal region anteriorly 10 cm in length situated 4 cm below injury no.2.

5. Incised wound of size 19 x9 cm x abdominal cavity on anterior abdominal wall extending from 4 cm below xiphisternum to 1 cm above anal opening involving vaginal structures and exposing abdominal contents. There were tears in the stomach of size 5 x 4cm on anterior superior surface with spilling of contents. Small and large intestine along with mesentry and omentum were found cut at multiple places with gangrenous changes of intestine with mesenteric ihaemetomos. Urinary bladder and vaginal vault involving public symphasis were splitted into fragments with clotted blood.

There was haemoperitoneum with clotted blood about 500 ml. The blood sample and gauge piece along with two anal and vaginal swabs were preserved, sealed and handed over to IO. The time since death was about 24 to 28 hours. The cause of death in this case was haemorrhagic shock due to ante mortem injury no.5 which was sufficient to cause death in ordinary course of nature. Injury no.5 was caused by sharp edged weapo