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23. Subhash Navde, Investigating Officer (PW-36) has state that on 31.10.2022 at 6:10 PM, he apprehended the appellant from Ram Nagar Kalali in presence of Devendra (PW-14) and Bharat (PW-19) and after taking him in custody, he prepared the Custody Memo (Exhibit- P/21) and the appellant was brought to Ram Nagar Police Chowki and was interrogated and in interrogation, he disclosed that he can show the place where the victim was laying. On that, he prepared memorandum (Exhibit-P/22) and along with the appellant, Devendra and Bharat he reached in the mango orchard of Kripal Singh @ Satpal and on the place shown by the appellant, a search was made, the victim was found NEUTRAL CITATION NO. 2025:MPHC-JBP:26514 unconscious. At that time, there only frock in the body of the victim and her lower part was necked and blood was found in the lower part of her body and an injury mark was found in the throat of the victim. He prepared Memorandum (Exhibit-P/23) and recovered the victim. On the same day, the appellant was arrested and Arrest Memo (Exhibit-24) was prepared. On the same day, on 31.10.2022, he inspected the spot and from that place one pair of mehroon colour slippers in which PU-Harhs Made-In-India was written and was of 9 number was found and a mehroon color purse in which two currency note of Rs.50, one currency note of Rs.20 and one currency note of Rs.10 were found and Aadhaar Card of the appellant was kept recovered. He further stated that from the spot where the victim was found, six dry leafs were recovered. There was blood stain in the leafs and simple soil and blood stained soil from the place were recovered. He prepared Seizure Memo (Exhibit-P/26) and sent the victim for treatment to District Hospital, Khandwa. He also submitted Identification Form for preservation of DNA from the body of the victim and also sought the opinion of the Medical Officer whether the victim is in position to give the statements or not. On 01.11.2022 at 02:10 AM, he reached at District Hospital, Ram Nagar and Head Constable received seven sealed packets, in which victim‟s anal slide, vulval slide, vaginal slide, nails sample, buckle, swab, frock, blood sample and the sample and the sample seal were received and Seizure Memo was prepared on 01.11.2022 at 10.10 AM. He along with the appellant reached near Titiyajoshi Petrol Pump and on the instance of the appellant from bushes recovered a full shirt that was having blood stains, a blue and brown colour jeans pant having metallic buttons and NEUTRAL CITATION NO. 2025:MPHC-JBP:26514 was having blood stain near the zip, a pink colour heram, in which there was sticky material was found were recovered and Seizure Memo (Exhibit-P/27) was prepared. On the same day on 01.11.2022 at 11:30 AM, on the instance of the appellant went to the sugarcane field of Pintu Pachore and prepared the Spot Map (Exhibit-P/30) and from that place at 11:50 recovered the leafs of sugarcane and other plants. In the sugarcane leafs, blood stain was found and some sticky gum like material were also found. From that spot simple soil, simple leafs and dry leafs were recovered and prepared the Seizure Memo (Exhibit-P/28) and make photograph of the spot and also recovered from her mother mark-sheet and Samagra I.D. of the family.

NEUTRAL CITATION NO. 2025:MPHC-JBP:26514

27. Dr. Raj Choudhary (PW-21) has stated that on 31.10.2022, he was in the panel of doctors, in which Dr. Nisha Pawar (PW-17) was also the member. Then, they examined the victim aged about 4 years and on examination, Dr. Raj Choudhary and Dr. Nisha Pawar have stated that there was an injury mark on both sides of neck measuring 1x0.5 cm, an abrasion in the left side of eyebrow and small injuries in the knee of left leg of the victim. On internal examination, there was a torn injury measuring 1x1x5 cm from vagina to anus. The victim was referred to pediatric surgeon for treatment. The victim at that time was semi conscious. Her pulse was 108, B.P. was 90/60 and oxygen saturation was 96. She also collected the nail clippings, vaginal slide, vulval slide, frock, anal swab, a buckle and blood sample for DNA examination and handed over to Subhash Navde (Investigating Officer). In their opinion, the victim suffered sexual assault. She has proved MLC report (Exhibit-P/37). In the cross-examination, this witness has clearly stated that the injury suffered by the victim may be caused by falling the victim on bushes. This fact has been further supported by Dr. Raj Choudhary (PW-21).

28. Witness Dr. Soniya Daga (PW-24) who was posted as Radiologist in Bombay Hospital, Indore, examined the victim on 18.11.2022 and stated that there was swelling in the sacrum bone on the right side of her spine as per Exhibit-P/44 and in Sonography as per Exhibit-P/45, there was infection in her urinary bladder. Dr. Devendra Patil (PW-25), who was the Gynecologist in Bombay Hospital, Indore has also examined the victim 01.11.2022 and opined that there was an injury in the vaginal area. It was a vertical tear, which was present in NEUTRAL CITATION NO. 2025:MPHC-JBP:26514 lower end of vaginal. There was an abrasion mark with pressure in her neck measuring 1x0.5 cm and this doctor has exhibited MLC report (Exhibit-P/47).

31. Material recovered from the victim and the appellant were sent to FSL. As per the FSL report, the soil, leafs, simple soil, simple leafs that were recovered from the spot have been marked as articles A/4066 to A/4071 and the blood stained soil that was recovered from the place where the victim was laying, dry leafs, simple soil, simple dry NEUTRAL CITATION NO. 2025:MPHC-JBP:26514 leafs have been marked as A/4072 to A/4075. Article G to article J and in Vaginal Slide, Nail Sample, Anal Slide and Buccal Slid have been marked as Article L (A/4077), Nail sample Article M (A/4078), Anal Slide Article N (A/4079), Buccal Slide Article O (A/4080), Vaginal Slide Article P (A/4081), Victim‟s frock Article Q (A/4082), appellant‟s shirt Article R (A/4083), Jeans Pant Article S (A/4084), Seman Slide Article T (A/4085), Pubic Hair Article U (A/4086), Nail clipping Article V (A/4087), Blood sample of the victim Article W (A/4088), Heram Article K (A/4076) and Blood sample of the appellant Article X (A/4089). As per the FSL report (Exhibit-P/76), in the Vaginal swab, Anal swab, Buccal, Article L (A/4077), Anal slide Article N (A/4079). Buccal slide Article O (A/4080) and Vaginal slide Article P (A/4081) samples Low male (Y) Chromosomal STR DNA profile was found. From the spot seized leaf Article C (A/4068), male (Y) Chromosomal STR DNA profile was found and genetic marker matched with the (Y) Chromosomal STR found in the blood of the appellant Article X (A/4089) and from the Heram Article A (A/4076) (Y) Chromosomal STR matched with the DNA obtained from the blood sample of the appellant. In the frock that the victim was wearing at the time when she was recovered Article Q (A/4082) (Y) Chromosomal STR matched with the appellant Raj Kumar @ Rajaram and from the soil recovered from the spot where the offence was committed Article A (A/4066), the leafs Article B (A/4067), blood stained soil Article G (A/4072) and dry leafs Article H (A/4073) Woman Autosomal STR DNA was found that matched with the blood sample of the victim. From the leafs recovered from Article C (A/4068) and the Heram recovered from the appellant NEUTRAL CITATION NO. 2025:MPHC-JBP:26514 Article K (A/4076) same DNA profile of the male was found that matched with the DNA profile of the blood obtained from the appellant.