RAJANGAM Vs. STATE, INSPECTOR OF POLICE

JUDGEMENT

(1.) Challenge is made to the judgment of the learned Additional Sessions Judge/Fast Track Court No. 2, Pattukottai passed in S.C. No. 130 of 2001 on 30.04.2003, whereby the sole accused/appellant stood charged and tried under Sections 302 and 323 IPC, and on trial, he was found guilty under Section 302 IPC and awarded life imprisonment, while recording the order of acquittal under Section 323 of the Code.

(2.) The short facts that are necessary for the disposal of this appeal can be stated as follows:

(3.) Advancing arguments on behalf of the accused/appellant, the learned Counsel would submit that, in the instant case, the prosecution had no direct evidence to offer. The occurrence had taken place at 6.00 p.m. on 06.03.2001, and even, according to the prosecution, the child aged about 5 years was present in the place of occurrence. The investigator had admitted that the statement of the child was recorded and the name of the child has also been shown in the list of witnesses, but not examined for the reasons best known to the prosecution. According to the counsel for the appellant, had the child been actually examined, the case of the prosecution would have been lost.