appellant carrying the victim towards the sugarcane field and who
was cited as a witness to the inquest, as PW2; (iii) one Fatehpur
Bahadur, who was part of the search party and who claimed to
have seen the appellant leaving the sugarcane field after about half
an hour, as PW3; (iv) the Head Constable Balram Tripathi, the
scribe of the First Information Report who registered the FIR, as
PW4; (v) Dr. Mukesh Kumar who conducted the postmortem, as
PW5; and (vi) the Investigation Officer Shri Rambali Roy as PW6.
5.
During questioning under Section 313 of the Code of Criminal
Procedure (hereinafter referred to as the “Code”), the appellant
denied the charges and claimed that he had been falsely implicated
in the case, at the behest of one Mr. Zalim Khan, with a view to
grab the property of his mother, who was none other than Zalim
Khan’s brother’s daughter. To substantiate this claim, the appellant
also examined his mother as DW1.
6.
Holding that the guilt of the appellant stood established
beyond reasonable doubt by circumstantial evidence and also
holding that it is one of the rarest of rare cases where a six year old
girl had been raped and murdered, the Sessions Court convicted
3
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