The main legal point established is the admissibility of witness testimonies despite their names not being mentioned in the F.I.R., and the significance of circumstantial evidence, such as semen and sperm stains, in establishing guilt.

ALOK K. SINGH. J. :- Under challenge in this appeal is the judgment and order dated 31-8-2006. passed by Sri Alok Saxena, the then learned Additional Sessions Judge, Court No.3, Hardoi convicting the appellant under Section 302 I.P.C. and sentencing him with life imprisonment and to pay a fine of Rs. 1000- and in default of payment of fine, further to undergo imprisonment for one year and also convicting under Section.376 I.P.C. and sentencing him to undergo rigorous imprisonment for ten years and to pay a fine of Rs.1000/ - and in default of payment of fine, further to undergo one month rigorous imprisonment. All the sentences have been directed to run concurrently.

2. Briefly stated the facts of the case are that an F.I.R. was lodged by the complainant Ghassu @ Ghan Shyam, son of Nanhey, resident of Kherwa. hamlet of Gauri Dayampur, Police Station-Kasimpur, District-Hardoi on 30-9-2004 at 4.30 at P.S. Kasimpur, District- Hardoi, saying that on 29-9-2004, his 16 years old daughter Km. Lekhrani, had gone out for throwing away domestic rubbish and garbage in the field, about half a kilometer away from the house. But, when she did not return in usual time, it caused concern to the complainant and his wife Saraswati Devi. Then, both of them, came out of the house and made a thorough search all around. One Suresh son of Sobaran Lal, resident of the same village told, them that one Sheo Prasad, son of Niranj an , resident of Village-Pathrauli, Police Station Kasimpur had told him about the body of his daughter being lying in a paddy field. He immediately rushed to that place and found the dead body of his daughter lying in the field with numerous injuries. It appeared that somebody has murdered after committing rape upon her. Her Salwar was also found untied and loose. He took out the dead body of his daughter from the field and carried to his house. He suspected that the said incident had been caused by Sheo Prasad @ Shiv Kumar S/o Niranjan Pasi and Sheo Dayal S/o Ranjit R/o Village Munnu Khera H/o Shah pur Chamraha P.S. Kasimpur District Hardoi. On the basis of the said F.I.R., the case was registered against both the accused under Sections 376, 302, 201, 323 I.P.C.

3. The investigation was started by Sri Pratap Bahadur Singh, the then S.O. of the Police Station Kasimpur, who along with other police force immediately proceeded to the complainants house. On his direction, S.I. Sant Bahadur Singh, prepared the inquest report of the dead body of the deceased & after completing the legal formalities, he sealed the same and sent for post-mortem.

4. The post-mortem of the dead body of the deceased Km. Lekhrani was conducted by Dr. R.K. Kohli of Community Health Centre, Sandila Hardoi on 30-9-2004 at 1.20 P.M.

On external examination, he found that the deceased was a young lady average built and weight. Rigor mortis pass out in upper extremity and present in lower extremity. Saliva mixed with blood from both nostrils on left side of face was present. Abdomen was distended and scalp hair were blocked.

Semen was present on lower part of labia-majora and also in vagina.

The following ante-mortem injuries were found on the body of the deceased:

1) Contusion 16 cm. X 7 cm. in front of neck in round shape, 3 cm below from mid point of chin.

2) Contusion 4 cm. X 2 cm. on right side face, 2.5 cm. below from right angle of mouth.

3) Contusion 10 cm. X 3 cm. on back side between both scapula at level of C 6.

On internal examination her left side hyoid bone was found fractured and both lungs were also found congested.

Dr. R.K. Kohli, P.W. 5, has opined that the cause of her death was asphyxia, throttling as a result of ante-mortem injuries.

5. The investigating officer inspected the place of occurrence and prepared the site plan and also recorded the statements of the witnesses. After completing the investigation, he submitted the charge sheet under Sections 376, 302, 201 & 323 I.P.C. against the convict/appellant Sheo Dayal and co-accused Shiv Prasa