Rejoinder affidavit and supplementary rejoinder affidavit filed today are taken on record.

Heard Sushri Nandita Bharti, learned counsel for the applicant, Sri Umesh Verma learned Additional Government Advocate assisted by Sri Mahmood Alam, Advocate on behalf of the complainant and perused the record.

The applicant is involved in Case Crime No. 1674 of 2007 under Sections 364/302/201/120-B I. P. C. and Section 3 (ii) (v) SC & ST Act, Police Station Kotwali Ayodhya, District Faizabad.

According to the prosecution story the deceased aged about 22-23 years was got killed on account of her having become pregnant with the applicant who was holding a prestigious position. On his direction his driver (co-accused) killed her and threw her body in river Gomti in the outskirts of Faizabad about 40 Kms. away from the city. It is said that earlier the deceased was suffering from hepatitis B and the applicant extended all possible help and support in respect of her treatment and on that pretext he often used to visit the house of the deceased and came close to her. The father of the deceased had a mobile phone and a SIM card in his name which was used by his deceased daughter. She used to talk with the applicant even during late hours in the night and some of the conversations were overheard by sister Anita. The deceased was once angirily saying to the applicant that she will get his red light removed. On 22. 10. 2007 the deceased left her residence around 9:00 A. M. and after a short meeting with her friend Arpita she sat down in the car waiting outside which was being driven by co-accused Vijay Sen. In that car co-accused Seema Azad was also sitting. In respect of Seema Azad, it is said that

she was also having intimate relations with the applicant from before and when the deceased came closer to the applicant, she asked her to keep away and also threatened her. In the process of these immoral relationships, the deceased also came into close contact with Vijay Sen, the driver of the applicant who was already a married man. When the deceased did not come back after going out on the aforesaid date, her father brought it to the notice of the applicant who advised him to lodge a report and assured to extend every possible help. Accordingly, a report was lodged in respect of disappearance of deceased on 23. 10. 2007. Then on 30th October, 2007 a named F. I. R. was lodged by the father of the deceased against co-accused Vijay Sen (Driver) and Seema Azad saying that on the pretext of getting her employment the co-accused Vijay Sen has taken away complainants daughter along with Seema Azad somewhere. On that fateful day the deceased was wearing one wrist watch of Sonata Brand with a black strap which was found lying on the bank of the river Gomti, near the alleged place of occurrence.

The prosecution has also brought on record, two love letters and also certain call details in a tabular form to suggest that there were frequent conversations between all the aforesaid accused and the deceased. According to the prosecution on his arrest the co-accused Vijay Sen initially made a confessional statement saying that he had intimate relationship with the deceased. Since he was a married man he could not have married the deceased. But she was insisting for the same. On the fateful day he had gone with the deceased on his motorcycle at the alleged place of occurrence. There the deceased committed suicide out of frustration by jumping into the river. When he (Vijay Sen) was asked to get that motorcycle recovered then he again changed his version and kept on changing. He also said that if he disclosed the truth he will be killed. Ultimately he was put to Polygraph and Brain Mapping Test wherein he is said to have confessed that on the direction of the applicant he took the deceased in a car to the place of occurrence. There he kissed her and after strangulation threw her body in the river. He also told that at that time the deceased was preg