BABU Vs. STATE OF KERALA

JUDGEMENT

(1.) Has Charles Darwin gone wrong, in propounding the 'theory of evolution' that 'Man' has taken shape from the 'Apes'? Could it not be from the 'Beasts', is our doubt, if the finding of the Trial Court is sustained, justifying the conviction and sentence imposed upon the appellant. We are making the said observation, not with a preconceived mind on the guilt of the appellant, but with regard to the fate of the victim, an infant girl of just 'seven months' may be the child of a 'Lesser God', having no shelter, who was raped and murdered by the assailant.

(2.) The prosecution case is that the deceased little child was sleeping with her parents in the intervening night of 8th and 9th July 2004, on the 'veranda' of a way-side shop, situated on the side of the road leading from Kodungallur to Trichur. The father of the child, by about 11.30 p.m. suddenly woke up and found that the child was missing. The mother also got up, who cried aloud stating that somebody had kidnapped the child and made a frantic search for the child. An old man who was sleeping nearby on the Veranda and two others, who were engaged 0n security duty, also made some efforts. The parents searched for the child in the nearby Temple compound as well, but in vain. The mother was sent by her husband to the nearby police station for reporting the incident and the father continued the search. The mother of the child gave Ext.P1-F.I. statement, which was re coded by P.W.15, who registered Ext.P13 FIR then and there. The sum and substance of the statement given by the mother, who was examined as P.W.1, was that she suspected one Babu, who, about one week prior to the incident, had asked her in presence of her husband, when they were sitting in the Temple compound, whether the child would be sold to him for Rs. 500/-. When she said 'No', he had enquired whether it could be for Rs. 5000/-. Immediately she took guard of the child, when Babu left the scene, stating that the child will be lifted one day, somehow or the other. The mother of the child also stated that she was told that a 'tall man' wearing white 'mundu' and shirt was seen proceeding towards south with a tender child on his shoulder. She added that the child might have been kidnapped by Babu and requested to trace out the missing child .

(3.) Based on Ext.P1 F.I. statement, the machinery of investigation was set in motion, registering the Crime as borne by Ext.P13 FIR. Police questioned witnesses and submitted the final report. The prosecution examined P.Ws.1 to 22 and marked Exts.P1 to P27, besides, producing M.Os.1 to 16. Two witnesses were examined on the side of defence as D.Ws.1 and 2, besides marking Exts.D1 to D4. Dr. Aravindakshan, who issued Ext.X1 was examined as Court witness (C.W.1). On completion of the trial, the Court found the accused guilty of the offences under Section 364, 376 and 302 IPC. After completing the procedural formalities, the accused was inflicted with the punishment of life imprisonment in respect of the offences both under Sections 376 and 302 IPC and 10 years rigorous imprisonment, in respect of the offence under Section 364 IPC. This in turn is under challenge in this appeal preferred by the accused, who is undergoing imprisonment from 10.02.2007.