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(8) PW-4, Ram Kishan, is having an eating house (dhaba) located by the side of G.T.Road, Murthal, District Sonepat (Haryana). According to the prosecution, he had found on July 25, 1985, Shweta sitting on his dhaba and she alleged that Arun Kumar, appellant, had brought her there and after buying a loaf of wheat for her consumption, he had left informing Shweta that he would be bringing more eatables for her and thereafter he did not come back. Ram Kishan is stated to have gone to the Police Station Sonepat and gave this information about the girl having been abandoned at his place but the police told him to keep the girl overnight and if the person who left the girl would not return, then he should bring the girl to the police station on the following day.

(9) Asi Shyam Singh, PW-10, then ted in Police Station Sonepat, on July 28, 1985, on the basis of some information given by Shweta that she was studying in J.D.Tytler School, Delhi and her father's name was Arun and her mother's name was Anita, had brought Shweta to Delhi and along with S.I.Rameshwar Singh, PW-37, then posted in Police Station Lajpat Nagar, has, gone to the said school and then they had reached near about the house of Prem Kumar and Shweta had pointed out the said house of Prem Kumar informing that she was living in that house and Prem Kumar also identified Shweta as daughter of his tenants Arun Kumar and Anita.

(10) A daily diary report, copy of which is Ex.PW-27/A, recorded at Police Station Sonepat on 27th July 1985, was proved through PW-27, Constable Ishwar Singh who was working as Duty Officer at that time in that police station. This report was recorded at 9.30 A.M. in which it was recorded that Ram Kishan had come to the police station and informed that on July 24, 1985, a person had brought a girl aged 5/6 years and after purchasing a loaf of wheat along with vegetable had left the place informing the girl that he would be bringing more eatables for her and thereafter had not turned up and the girl told her father's name as Arun Kumar and her mother's name as Anita and brother's name as Pankaj and sister's name as Manju and her father (papa) had brought her there and bad gone away and that she was a student of J.D.Tytler School and was residing at House No.l45, Lajpat Nagar. As no guardian of the girl could be found out, she was placed in a Balgram Rai, District Sonepat, Haryana.

(27) It is significant to mention that the name of Arun Kumar as her papa stood recorded even in daily diary report even at Sonepat on 25th July 1985 when the dead body of Anita had not yet been identified and there could be no reason for anyone to have fabricated or forged such a fact in the daily diary report recorded at police Station Sonepat.

(28) Learned counsel for appellant has urged that statement of this Shweta was not recorded by the police on July 28, 1985 when she was brought to Delhi and had located the house of Prem Kumar and belatedly her statement was recorded in which again nothing was brought out to show how she came to be separated from her mother and whether she had seen the appellant with her mother after 24th July 1985 at any time and it is also not elicited from her that on that crucial date i.e. 24th July 1985 whether appellant had any occasion to meet her mother. So, it is urged that there is no evidence of appellant being seen in company of Anita on 24th July 1985. It is also urged that the testimony of a child of such a young age should not be given credence unless the same is corroborated in material particulars by any independent evidence and moreover as Shweta in the present case has been tutored by the police as admitted by her in cross-examination on one point the possibility of her being tutored to identify the appellant in Court as the same Arun Kumar who was living with her could not be over-ruled.