KANAVAIPITCHAI Vs. STATE

JUDGEMENT

(1.) The investigation done by the Inspector of Police, Dindigul Town South Police Station, in Cr.No.346 of 1997 revealed that the appellant/accused had committed rape on the deceased by name Hajaraammal aged seven years and thereafter murdered her. Charges were framed against the appellant/accused under Sections 302 I.P.C.; 366(a) I.P.C.; 376(2) (f) I.P.C. and 201 I.P.C. The appellant faced trial for the abovesaid charges before the Additional Sessions Judge, Dindigul. The learned Additional Sessions Judge, in his judgment dated 2.3.2001, found him guilty as charged and sentenced him to undergo imprisonment for life for the conviction under Section 302 I.P.C.. 10 years Rigorous Imprisonment was imposed for conviction under Section 366(a) I.P.C. and again a similar term for conviction under Section 376(2)(f) I.P.C. The trial Judge sentenced the accused to undergo 3 years Rigorous Imprisonment for the conviction under Section 201 I.P.C. Questioning the correctness of the judgment of the Additional Sessions Judge, Dindigul, the above appeal has been preferred.

(2.) The prosecution, in its endeavour to bring home the guilt of the accused, examined as many as 20 witnesses and marked Exs.P1 to P24 and produced M.Os.1 to 10.

(3.) The case of the prosecution as unfolded from the evidence available on record, can be narrated as under: P.W.2 is the wife of P.W.1 and the deceased is their child. P.W.1 resides at door No.16 in Asanathpuram, Pedambur, Dindigul. P.W.1 is a coolie by profession and is working in the shop of one Syed Mohammed. P.W.2 is working as a servant maid in a house in the same village. Apart from the deceased, P.Ws.1 and 2 have two more children by name Mohammed Sulaiman and Ragamathiza, who are working in a shoe company. The accused is residing close to the house of P.Ws.1 and 2. P.W.1 as usual went for his work and came back to the house at about 12.30 p.m. But however, PW-2 had not come back by that time. Hence, PW-1 went near Madurai Veeran Temple, where some children were sitting. Shortly thereafter, the deceased also came there. The deceased asked PW-1 to give her some money and whereupon, he gave her 50 paise. PW-2 returned home at about 3 P.M. after finishing the work and as she felt tired, she slept. At about 4 P.M., PW-1 went back home and finding PW-2 was asleep, he woke her up and asked her to serve food for him. PW-2 then asked PW-1 about the whereabouts of the deceased, when PW-1 informed about his giving 50 paise to her at about 1.30 P.M. After sometime, the other two children of PWs-1 and 2 returned. When PW-2 asked them, they were not aware about the whereabouts of the deceased. The two children went to the house of one Kuppi and another person, who is running a mutton stall. As the deceased was not there, both PWs-1 and 2 went in search of the deceased and in fact, they searched till mid-night. The next day also, PWs-1 and 2 searched for the deceased. As they were not able to trace her, they went and and gave a complaint in the police station. PW-16 is the Head Constable at Dindigul Town (South) Police Station at the relevant time. At about 6 P.M. on 2.5.1997, PW-1 came and gave a complaint that his daughter by name Hajira Ammal aged about 7 years is missing from 4 P.M. on 1.5.1997. On the basis of the said complaint, Cr. No.346/97 was registered. Ex.P-16 is the F.I.R. PW-9 is a resident of Asanathpuram in Dindigul. On 2.5.1997 at about 11.30 P.M., he came out of his house to pass urine. At that time, he saw the accused standing in front of his house. PW-9 saw him in a frightened mood. PW.10 is also a resident of the same area. On 2.5.1997, he went to Pithalaipatti and came back at about 11.45 P.M. and he saw the accused coming from the house of one Mohammed Ibrahim, owner of the mutton stall. PW-11 is also a resident of the same area and he is working in a tea stall. On 2.5.1997 at about 1 A.M., the accused came to that tea shop. He first asked for some water with which he washed his hands. Thereafter he took a cup of tea and then left that place. PW-3 is a resident of the area, wherein PWs-1 and 2 reside. He used to leave his house to his shop at 4 A.M. and come back at 1 P.M. in the afternoon. On 3.5.1997, as usual, he left at 4 A.M. and he was about to leave that place in a bicycle, When he noticed somebody lying down at the entrance. With the help of the torch light, he could identify that it was the deceased. He immediately informed PWs-1 and 2. Both of them came and saw the deceased and out of grief, they cried aloud and people gathered. PW-1 thereafter went to the police station and informed about the availability of the deceased near the house of PW-3. PW-20, the Inspector of Police, when he was on duty, was informed by the Sub Inspector of Police about this and he proceeded to the police station. The crime was then altered as one under Section 376 IPC and suspicious death. Express Report Ex.P-20 was prepared and sent to the Court of the Judicial Magistrate. Thereafter, the Inspector of Police went to the scene of occurrence at 6 A.M. and prepared Ex.P21 sketch and observation mahazar Ex.P-2. Assistance of the Finger Print Expert and also the sniffer dog was sought for. Inquest over the body of the deceased was held between 8 and 11 A.M. in the presence of panchayatdars and Ex.P22 is the inquest report. At about 11.15 A.M., hair to the length of 5 c.m. that was found in the right hand of the deceased was seized. The Inspector of Police then sent a requisition to the Government Hospital to conduct autopsy on the body of the deceased. On the same day, the Inspector examined a number of witnesses. PW-19 is the Doctor in the Government Hospital, who conducted autopsy on the body of the deceased on 3.5.1997 in the afternoon. Ex.P-19 is the post mortem certificate issued by her. In the said Certificate, the Doctor made the following notings:-