The main legal point established in the judgment is the requirement for completing the chain of circumstances in cases based on circumstantial evidence, and the importance of conclusive and reliable evidence in proving the charges beyond a reasonable doubt.

Judgment

Mr. Lalit Batra, J.

This criminal appeal has been preferred by appellant/convict-Gurpreet Singh @ Gopi, impugning the legality of judgment of conviction and order of sentence both dated 25.09.2013 rendered by learned Additional Sessions Judge, Jalandhar, vide which appellant was held guilty and convicted for the commission of offence punishable under Sections 302 and 376 IPC, in case FIR No.222 dated 08.10.2011 under Sections 302 and 376 IPC, Police Station Adampur, District Jalandhar and was sentenced as under:-

Trial Court ordered that both the sentences shall run concurrently.

2. As per prosecution version, on 08.10.2011 at about 7:00 AM, complainant-Karnail Singh son of Mehanga Singh alongwith his son Gurpreet Singh had gone to their fields on a tractor and were ploughing the fields and after finishing one round, when they reached on the other side of the field, complainant-Karnail Singh noticed that on the corner of the field, dead body of a girl aged about 12-13 years was lying and having a Chunni around her neck. It appeared that someone had killed that girl by strangulation with Chunni and she was in naked condition. Complainant-Karnail Singh went to village and informed the Sarpanch. On query, it transpired that girl was victim-deceased (name not disclosed in view of law laid down in case “State of Punjab v. Gurmit Singh” 1996(1) R.C.R. (Criminal) 533), sister-in-law of Bimal Rajak son of Rajinder Rajak, resident of Bihar, a migrant labour residing in the house of Pakhar Singh and the said girl went to purchase household goods on 06.10.2011 at 5:00 PM from her house but she did not return. Bimal Rajak accompanied by his wife-Sulekha Devi went to the fields of complainant and identified the deceased. After leaving Bimal Rajak and Sulekha Devi near the dead body, when complainant-Karnail Singh alongwith Sucha Singh, Sarpanch were going to inform the police, they met Inspector/Station House Officer Angrej Singh (Investigating Officer/PW-10), who recorded statement (Ex.PA) of Karnail Singh (complainant/PW-1) and on the basis of said statement, FIR (Ex.PA/2) was lodged by the police. Inspector/SHO Angrej Singh (PW-10) reached at the site of occurrence and inspected the spot. Inquest proceedings (Ex.PP) were conducted and dead body was identified by PW-3 Bimal Rajak and Upinder Sah. Strands of hair found from the hands (fists) of victim-deceased were taken and after converting it into a sealed parcel bearing seal having inscriptions ‘AS’, it was taken into police possession, vide recovery memo Ex.PK, which was attested by Assistant Sub Inspector Sulakhan Singh and Head Constable David Masih. One mould of left foot print lifted from the place near the dead body by Sub Inspector Jaswinder Kaur, Finger Print Bureau, Jalandhar, was taken into police possession, vide recovery memo Ex.PL and was attested by ASI Sulakhan Singh and HC David Masih. Rough site-plan (Ex.PQ) of place of occurrence was prepared and statements of concerned witnesses were recorded. Case property was deposited with the MHC of Police Station.

3. On 08.10.2011, Bimal Rajak got recorded his statement before the police that he alongwith his family members was living at village Diyantpur. Victim-deceased, aged about 12-13 years, sister-in-law of Bimal Rajak, was also living with them. On 06.10.2011 at about 5:00 PM, victim/deceased was sent by her sister to purchase vegetables from Rajewal and when she did not return, they searched her. Enquiry was made from the grocery shop of Rajewal and it was informed that victim-deceased had come but after taking the goods she had gone back. Since whereabouts of victim/deceased could not be traced out, on 07.10.2011, Sulekha Devi wife of Bimal Rajak got a report regist