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6. For better appreciation of prosecution case, we consider it expedient to refer to the duly exhibited site plan prepared by the Investigating Officer. Rough layout plan of ground floor of House No. D-5 as well as of the first floor has also been prepared in RC 2(S)/07-SCB/DLI. House No. D-5 situates on the road and sewer drainage passes between the road and the boundary of House No. D-5. On one side of House No. D-5 is House No. D-4 whereas on the other side is House no. D-6, belonging to a doctor who apparently was a suspect in a case of organ trade (kidney transplant). Behind House No.D-4, D-5 and D-6 there is a service lane, which is covered by boundary from all sides. On the other side of this service lane, behind House No. D-5, is 5 ft. high boundary wall of U.P. Jal Nigam. It is from this enclosed gallery that biological remains (skulls, bones and skeleton etc.) have been recovered.
8. The site plan of the place of incident/recovery is on record of the Sessions court which is proved by PW-36. Specific spots are shown in the site plan, which situates in the enclosed gallery behind House No. D-5 & D-6 from where bones have been recovered. No recovery of skeleton or bones etc. are shown from enclosed gallery behind the servant room or the toilet in the servant room. The width of the enclosed gallery/service lane is specified as 3½ ft. The enclosed gallery from which recoveries are made are outside the boundary of House No. D-5 and D-6 as is clearly admitted by PW-36 in his testimony. The area from which recovery has been made is shown as service lane and according to PW-36 this land belongs to Noida and not to Pandher, who owned House No. D-5.
9. All the recoveries are either made from the enclosed service lane which is shown in the map as no man's land or from the sewer drainage situated beyond the boundary of House no. D-5 and D-6. None of the recovery of skull, bones/skeleton or clothes of victim etc. is made from within the House No. D-5. The only recovery from within the House No. D-5, Sector 31, Noida is that of knife and axe, which admittedly are not used for committing the offence of rape, murder etc. but are alleged to have been used for cutting the body parts after the victims were strangulated to death.
72. From the evidence on record, it is, therefore, established that the deceased 'K' left the house to get some work done on a garment by Vimlesh Devi in Sector 31 on 21.06.2005 and has not returned thereafter. Her skeleton as well as clothes have been recovered from an enclosed space behind House No. D-5, Sector-31. The DNA report as well as the recovered clothes goes to show that the deceased was done to death and her clothes and skeleton etc. had been recovered from the enclosed space behind House No. D-5, Sector-31. The prosecution, therefore, has clearly proved that while gone to get some work done on a garment by Vimlesh Devi in Sector-31 deceased 'I' went missing and ultimately her clothes and skeleton have been found from the enclosed space behind House No. D-5, Sector - 31.