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2 and Ex. Ka-3. In his cross-examination, this witness PW-4 Ambedkar pointed out that he reached Sabya by bus but was unable to state the time of his arrival. As regards the facts concerning arrest of the appellant and recoveries, this witness stated in the cross-examination, inter alia, as under: -
“…The police brought Pappu in afternoon. Perhaps, Pappu was arrested two hours prior to my arrival, he was arrested by police at Sabya-square. Thereafter, the sub-inspector brought Pappu from police station before me and obtained signature of arrest at the spot of arrest. I do not remember as to the signature of which persons were obtained there besides me. When I affixed my signature, there were no signatures of other persons. When signature was obtained, about 40-50 persons had gathered there. I had come to my relative’s place, therefore I cannot tell the names but I am acquainted with the relatives. Recovered panty and T- shirt are not before the court. Panty and T-shirt were sealed and stamped at the police station and after seal and stamp proceedings, signature was obtained. Panty was of black colour….. It is wrong to state that I did not see the place of occurrence and put the signature at the police station before the police.” 7.5. The post-mortem was conducted by PW-6 Dr. Himanshu Kumar on 15.05.2015, beginning at 3:05 p.m. and ending at 4:05 p.m. The relevant extracts of the post-mortem examination report (Ex. Ka-11) are as under: -

Vaginal swab is taken and sealed and sent to lab.” xxx xxx xxx Opinion:

1. Time since death: about 2 and 3 days.
(i) Cause and manner of death: Death is due to haemorrhage sand shock- result of Ante-Mortem Injury.” 7.5.1. It was opined in the post-mortem report that possible time of death was about 2-3 days; and the cause of death was haemorrhage and shock as a result of ante-mortem injuries. A few factors relating to the probable time of death, as occurring in the statement of this witness PW-6 Dr. Himanshu Kumar, would read as under: -

10.4. On reappreciating the medical evidence, being the post-mortem report, the report of the Forensic Science Laboratory, and the testimony of PW-6, the High Court noted that vagina of the deceased was torn; there was presence of blood clots; the time of death was 2-3 days before post- mortem; and human sperm and spermatozoa were found on the underwear of the deceased. These corroborated the story of the prosecution and confirmed that rape had been committed upon the deceased child before her death.

36. A rather strange line of submission in this case has been that as per post-mortem report, the death had occurred 2-3 days before examination and that opinion would take the time of death even much before the evidence of last seen or that the dead body might have been seen by other persons much before its recovery at the instance of the appellant. The approximate time of death before examination, as indicated in the post-mortem report, cannot be applied as something of mathematical precision. The post-mortem examination was conducted in the afternoon of 15.05.2015; and approximation of two days before such examination matches the proven time when the deceased was last seen with the appellant i.e., around 6:30 p.m. on 13.05.2015. In fact, the indications in the post-mortem report are only to the effect that the appellant did not provide any time to the child and rather carried out his misdeeds immediately after taking her along.