SIVAKUMAR Vs. STATE

JUDGEMENT

(1.) THIS appeal challenges the judgment dated 26.4.2010 passed by the learned Sessions Judge, Mahila Court, Perambalur in S.C. No.96 of 2006, whereby the sole accused stood charged, tried and found guilty for the offences under Sections 366, 376 and 302 of the Indian Penal Code and awarded punishment to undergo Rigorous Imprisonment for seven years and to pay a fine of Rs.1,000/- in default to undergo Rigorous Imprisonment for three months for the offence under Section 366 of the Indian Penal Code, to undergo Life Imprisonment and to pay a fine of Rs.1,000/- in default to undergo Rigorous Imprisonment for three months for the offence under Section 376 of the Indian Penal Code and to undergo Life Imprisonment and to pay a fine of Rs.1,000/- in default to undergo Rigorous Imprisonment for three months for the offence under Section 302 of the Indian Penal Code.

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

(3.) ADVANCING arguments on behalf of the appellant, learned counsel would submit that the learned Trial Judge has taken an erroneous view in recording the finding that the accused/appellant was guilty, despite the fact that the prosecution had no direct evidence to offer and it rests only on circumstantial evidence. The girl was actually playing in front of the shop and P.W.17 an auto driver had seen the child playing and also found the accused and child together at the time of occurrence. But he has turned hostile. P.W.10 was an Astrologer, who has actually seen the body of the child inside the premises of the temple. It was he who informed the others and he has also turned hostile.