MAYAN KUTTY Vs. STATE OF KERALA

JUDGEMENT

(1.) Appeal against the judgment of conviction and orders of sentence under Sections 366, 302 and 201 of the Indian Penal Code against the accused in S.C.No.29 of 2009, dated 14.10.2009, of the Additional District and Sessions Judge Fast Track (Ad hoc -II), Kozhikode.

(2.) The prosecution case is that the accused, in between 11.50 a.m. and 12.15 p.m. on 23.6.2008, took a minor girl Shahana @ Thasni, a 4 th standard student, from the school compound (M.L.P School, Cherandathur) by offering a guava fruit, to his nearby house, having No.5/243 of Maniyoor Panchayat, to satisfy his lust and, in that attempt, committed murder of the victim girl by smothering and strangulating her using a kaily. The dead body was put in a plastic sack and kept in the 'attom' (a cabin like vacant space usually found in between the upstair and the roof of the building used for keeping dried coconuts, firewood etc.) on the top of the staircase of his house. The prosecution has examined PW1 to PW20, got marked Exts.P1 to P26 and identified MO1 to MO21. The learned Sessions Judge found the accused guilty of the offence punishable under Sections 366, 302 and 201 IPC by the impugned judgment.

(3.) The sequence of the incident as spoken by the prosecution witnesses are as follows: While the victim girl was playing with two other students (PW3 and PW4) at the school courtyard during interval time, the accused took her to his house. The house of the accused is situated 20 metres away from the school courtyard. On the ill-fated day, the accused alone was there in his house. His wife went to her house and the father and mother of the accused were also not there in the house. It is at that time, the accused took the victim girl to his house by offering a guava fruit. After the interval, the class teacher noted the absence of the victim. So, she made an enquiry in the school compound. She had also noticed the chappals of the victim lying in front of the house of the accused. Though she enquired about the absence of the victim to the accused, he pleaded ignorance, but, he was found in a disturbed stage. This has created considerable doubt in her mind. So, she again went to the house of the accused. By that time, she was told by PW3 and PW4, who were playing with the victim, that they had seen the victim going to the house of the accused as he had offered a guava fruit to her. PW3 and PW4 also stated that, though they went to the house of the accused to bring back their schoolmate, the victim, the door was found closed. They heard some sound from the said house and hence, they returned to the class room. PW2 also made an enquiry in the house of the victim without disclosing about her missing. It is thereafter, she along with PW6 to PW8 conducted a search in the nearby places including the house of the accused. She had noticed the chappals used by the victim lying in front of the house of the accused and the accused was found in a disturbed stage. This had created considerable doubt in her mind. Hence, along with PW6 to PW8 and others who assembled by that time, she conducted a search in the house of the accused. The accused did not join them, but remained in the bed stating that he has some back pain. The search conducted by PW6 to PW8 ultimately resulted in the detection of a plastic sack kept in the 'attom' on the top of the staircase. It was taken out from the 'attom' and PW7 untied the plastic sack. Thereon, they had seen the legs of the child protruding from the sack. By that time, police also came to the place. The child was taken out from the plastic sack and removed to the hospital wherein she was declared dead.