SITA RAM Vs. STATE

JUDGEMENT

(1.) With reference to the testimony of Smt.Sita Devi PW-2, the learned Trial Judge has held that the same establishes that appellant Sita Ram was seen by her in the company of Master Deepak aged 7 years at around 5:30 PM on 9.9.2003. Since the post-mortem report of Master Deepak opined that the likely time of death of the young unfortunate boy was 8:30 PM on 9.9.2003, the child being sodomized and battered to death with stones, the appellant not giving any explanation as to when could he part company with Master Deepak, the verdict of guilt has been returned.

(2.) We may clarify that the likely time of death of the deceased has been referred to in the post-mortem report by recording that the likely time of death was 42 hours prior to when the post-mortem was conducted and this leads to the inference of the likely time being 8:30 PM on 9.9.2003.

(3.) Master Deepak being missing from his house and his absence being noticed in the late evening of 9.9.2003 finds first mention in Ex.PW-16/A; the missing person's complaint lodged by Jagdish Chand PW-1 at the local police station on 10.9.2003 at around 11:30 AM.