with them and on 13.11.2023 had gone to Lucknow, but she got missing and her dead body could only be recovered from a room. It was apprehended that she has been done to death by the appellant. It is also reflected that on 18.11.2023, a written information was given by one Poonam informing the SHO, Police Station- Krishna Nagar, Lucknow that a girl has taken her one room on rent and on 11.11.2023, she had come with a boy and thereafter, on 13.11.2023, they smelt a foul smell coming out of the room and when the door of the room was broken, the dead body of the deceased was found therein. On 20.11.2023, the appellant is shown to have been arrested and has confessed his guilt. The mobile phone was also seized from him where from it is reflected that he was having conversation with the deceased. The Investigating Officer has also recorded the statements of Smt. Genda Devi and Poonam and though they have stated in their statements that on relevant day, the deceased had come with a boy and they stayed together for some time and again came after two days and thereafter, the room was found locked from outside, but in whole of their statements, they have not identified the appellant as the person who was accompanying the deceased and it is in this background, it is submitted that considerable force that the identity of the appellant has not been established by these two star witnesses of the crime, namely Smt. Genda Devi and Ms. Poonam. The case of the prosecution is admittedly based on circumstantial evidence. It is also the defence of the appellant that being in a relationship with the deceased and talking with her on mobile phone would not be sufficient grounds for the purposes of conviction of the appellant. The appellant is in jail in this case since 20.11.2023 without having any criminal antecedents. Thus, the impugned order passed by the court below is set-aside and the appeal filed by the appellant is allowed. His presence may be secured by the Trial Court.
