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"Justice cannot be made sterile on the plea that it is better to let hundred guilty escape than punish an innocent."

Learned counsel for the appellant discussed before us the circumstances in the present case one by one. He has submitted firstly, the evidence of 'last seen'. PW 1, Badlu, is the father of the deceased Guria. He has clearly stated that on 31-1-1991 he saw his daughter Guria was playing near the temple of the village at about 5.30 p.m. He also stated that he had seen his daughter Guria alive at 5.15 p.m. when she was going out. He has further deposed that on the occasion of Ravi Das Jayanti a procession is always taken out in his village from the temple and it also terminates at the temple after going around the village. PW 2, Dharam Singh, deposed that on 31-1-1991 at about 5.15 evening he was going to market (bazar) from his house and saw the accused Riyasat standing near the temple holding Guria in his lap. He further stated that he had gone away to bazar and returned around 9.30 p.m. and on the next day at about 7.30 a.m. he came to know about the murder of Guria. He admits that he had gone to see the dead body of Guria. Her dead body was lying in the sugar cane field of Makkhan. He further stated that on the same day his statement was recorded by the police at the place of occurrence. In his cross-examination he has submitted that accused Riyasat was a resident of Ibrahimpur, Police Station Jwalapur, district Haridwar. Riyasat was working on the saw machine of Gulzar in the village. He was working there for about 1-2 months. PW 2 Dharam Singh, also said that there was 'Qamiz' and 'Salwar' on the dead body of Guria. There was no shoe or chappal on tier feet. He further submitted that during night he had no meeting with Badlu (PW 1). The Investigating Officer was already present on the sugar cane field before he reached there. He further added that he had reached the sugar cane field in the morning or about 8-8.30. He admitted that he belonged to the community of Badlu (PW 1) and he was a neighbour of PW 1 Badlu. He denied the suggestions that he has not. seen the accused carrying Guria in his lap and that he was giving false evidence at the instance of PW 1, Badlu.