Penal Code, 1860–Secs. 302 & 376(2)(g)–Conviction–Sustainable against whom ?–Even the statements of two child witnesses were recorded after delay on one day, yet they were found credible and corroborated–Merely because the deceased did not receive injuries around her genital parts, would not be a factor to conclude that she was not subjected to rape–She did not receive such injury due to use of over power by the accused–Stains of semen were found on the lehanga of deceased and underwear of accused M–Her clothes were found in torned condition–Blood of AB group was found on them and accused M had the blood of AB group–Death was caused by crushing her head by the stones–Blood stained stone, hair clip, ear tops and amulet were recovered from the place of occurrence–Complete chain of circumstance against accused M–Held, he was rightly convicted–However, there are many missing links in the circumstances against accused S–He is entitled to be acquitted–Conviction of appellant M u/s. 376(2)(g) deserves to be altered u/s. 376.


