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37. In order to establish the identity of the body parts recovered on 29-05-1979 and 20-08-1979 as that of Namita, the prosecution has relied upon the report of the postmortem examination conducted by Dr. Rilleret (since dead) and PWBG-4 who conducted the postmortem examination on the said body parts. Reliance is also placed on the report and testimony of PWBG-5 Wackens Stomatologist who had examined the dental specifics of the body and the report of finger/palm print expert. Similarly reliance has been placed on the testimony of PWUK-1 Smt. Chandermukhi Lochab and PW-48 Jagdish Singh Lochab, mother and father of Namita who gave description of certain identification/special marks which Namita had on her person. According to PW-48 Jagdish Singh Lochab, Namita was about 5'-4" of height, the hair of her head were black, she had 31 teeth instead of 32 as one of her tooth had been extracted at young age; she had a scar on her right knee and also had a fracture of her left wrist besides smallpox inoculation marks on her left upper arm. PWUK-1 however, gave discrepant description about these identification marks/special marks.

41. According to PW-48 Namita had 31 teeth instead of 32 as one of her teeth had been extracted at young age she had a scar on her right knee and had a fracture of a left wrist besides having small pox inoculation marks on her left forearm and her height was about 5'-4". However, in his earlier statement, he had stated that another tooth had been fixed at the place of the tooth so extracted and no anomaly existed in her denture and could not say with certainty about she having a scar on her right knee. It is pertinent to note that these identification marks were not given by him while lodging the missing report and rather he stated that he was not aware of any visible marks or scars or other peculiarities of Namita. According to him, colour of her hair was dark brown. The missing report is Exhibit CW-31 and though it is signed by him, it has no mention of any such mark. On the other hand PWUK-1 stated that Namita had one front tooth missing, but there was no gap in between the incisors and she had a scar mark on her left knee and three inoculation marks on her left shoulder. When cross-examined, she could not give the identification marks of her other children. This would clearly show that neither PWUK-1, the mother nor PW-48, the father of Namita, were exactly aware/sure of any identification marks of Namita and, therefore, the possibility of these witnesses having given these marks after the disclosures of such marks in the post mortem examination report cannot be ruled out. No vaccination/inoculation marks have been found by the doctors conducting the post mortem examination and the evidence with regard to the existence of collosIT is is also vagus as the site for callocIT is did not match. Besides existence of callosities on feet cannot be said to be a distinguishing feature or mark of identification because so many persons can have such marks.