V VAIRAVAN Vs. STATE

JUDGEMENT

(1.) THIS appeal challenges the judgment dated 18.3.2010 passed by the learned Sessions Judge, Mahila Court, Perambalur in S.C. No.36 of 2008, whereby the sole accused stood charged, tried and found guilty under Section 302 of the Indian Penal Code and awarded life imprisonment.

(2.) THE short facts necessary for the disposal of the case can be status thus:-

(3.) ADVANCING arguments on behalf of the appellant, learned counsel would submit that in the instant case, the prosecution has miserably failed to prove its case beyond reasonable doubt. The occurrence had taken place three days prior to 9.3.2001 and the case was registered under Section 302 of the Indian Penal Code. P.Ws.2 and 3, who had last seen the accused in the company of the child, were examined as witnesses. Both of them have turned hostile and hence their evidence is not useful to the prosecution.