RAMESH Vs. STATE

JUDGEMENT

(1.) This appeal is filed by the appellant being aggrieved by the judgment and order dated 19.02.2008 passed by the Madurai Bench of High Court of Madras in Criminal Appeal (MD) No. 3 of 2007 urging various grounds and legal contentions and prayed to set aside the conviction and sentence awarded against him and acquit him from the charges framed against him.

(2.) The brief facts in nutshell are stated hereunder with a view to appreciate rival legal contentions urged on behalf of the parties:-

(3.) The case of the prosecution is that on 3.11.2005 at about 11.00 am, deceased-Seeni Nabra, aged 8 years along with her grandmother (PW-3) went to the rice mill of the appellant to get the grains for grinding. But having seen that the front portion of the mill is closed, PW-3 asked the deceased-child to go and ask the appellant to open the back portion of the mill and it was opened. Accordingly, PW-3 handed over the grains to the appellant and came to the house of a neighbour. Sometime later, the deceased-child asked Rs.2/- from PW-3 for taking juice. Accordingly, she gave the same to her. Thereafter, the deceased-child went to the mill and asked the appellant whether the grains were grinded. At that time, she was taken to the back side of the mill by the appellant. Since, the deceased- child did not return, PW-3 having waited for some time went home. It is the further case of the prosecution that the appellant took the deceased- child to the backyard which was seen by an employee (PW-12) of the mill.