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Bhimsen (C.W. 1) could not trace out the appellant and Km. Sarvesh in the 'Mela'. In the morning he came back to his house and narrated the entire story, to his elder brother Bharat Singh (P.W. 1) . Thereafter, Bharat Singh (P.W. 1) along with Ram Phal, Shivraj Singh and Dharamveer of his village started searching Km. Sarvesh. When he reached near Nala and Ber tree he observed clothes of Km. Sarvesh hanging on Ber tree. When he came near Nala he saw that dead body of Km. Sarvesh was lying in the Nala. There were injuries on the dead body and blood was oozing out from the vagina. He suspected that Km. Sarvesh was murdered after committing rape on her. Thereafter, he prepared report (Ext. Ka-1) and came to police station Bhawanpur where he lodged report at 11.40 a.m. on 7-4-1992.
(2) The appellant was last seen in the company of deceased in the mid night being taken by the appellant and co-accused Gulsher in rickshaw.
(3) The appellant and co-accused made extrajudicial confession before Roop Chand and Dr. Rishipal Gautam (P.Ws. 4 and 5) on 7-4-1992 at about 9.30 p.m. and admitting their guilt they told that they committed rape on the deceased and thereafter, murdered her and requested them (P.Ws. 4 and 5) to help them.
(4) On the pointing out of the appellant and co-accused clothes, chappals and sandal of the deceased were recovered and there were stains of blood and semen on the clothes of the appellant and co-Accused.
(6) Thereafter, the deceased did not return to her house till morning and when she was searched by her uncle Bharat Singh (P.W. 1) and other villagers her dead body was found in the Nala near Ber grove.
(7) The medical evidence disclosed the symptoms of forcible rape on the deceased prior to her death and that she was strangulated to death.

25. We have to consider whether the above circumstances have been established and cumulative effect of above circumstances leads to one and the only conclusion that the appellant and appellant alone had committed rape on the deceased and thereafter murdered her.

27. Bharat Singh (P.W. 1) stated that on the night of 6-4-1992 at about 8 pm. his younger brother Ved Prakash (P.W. 1) Bhimsen (C.W. 1) aged about 10 years and niece Km. Sarvesh aged about 8 years had gone to see Nauchandi fair on the rickshaw of the appellant. The rickshaw was hired at the Tea Stall of Nishu for going to and coming back from Nauchandi fair. They did not return home in the night. On the morning his brother Bhimsen came at about 8 am. and told that Ved Prakash was arrested by the police in the Mela under suspension of being intoxicated. Ved Prakash had asked Hussain Ali to leave children to their home, but after taking Ved Prakash by police the appellant asked him to see Ved Prakash and the appellant took the deceased on his shoulders. Ved Prakash did not meet him and when he returned, he also found Km. Sarvesh deceased and the appellant missing. On getting above information he (Bharat Singh) along with Ram Phal, Sukhveer, Shivraj Singh, Dharamveer and several other persons of the village started searching Km. Sarvesh. When they reached near Ber grove near the Nala, clothes of Km. Sarvesh were seen hanging on Ber tree. When they came near Nala they saw dead body of deceased. He suspected that deceased was murdered after committing rape on her, as blood was oozing out from her vagina. He prepared report of the occurrence, came to the police station Bhawanpur, district Meerut and lodged report. After lodging report he met Prem Singh, who told him that he was returning back from Nauchandi fair on foot and saw the appellant Hussain Ali near Military Farm coming on rickshaw taking a girl and when he asked to stop the rickshaw, it was not stopped. Gyan Chandra and Jai Prakash also told that Hussain Ali appellant was taking the deceased Km. Sarvesh in a riskshaw and Gulsher was also sitting.