STATE Vs. MANOHARAN

JUDGEMENT

(1.) The death sentence awarded to Manoharan, the sole accused in S.C. No. 44/2011 by the learned Sessions Judge (Mahila Court) Coimbatore, on 01.11.2012 is now before us for confirmation under Section 366 Cr.P.C. Manoharan has also filed Crl. A. No. 854/2012 challenging the very conviction. Why has he been condemned to the hangman's noose? For allegedly satiating his lust and sniffing out the life of two children.

(2.) 'X', a ten year old girl and her brother 'Y', a seven year old boy were the children of Ranjith Kumar Jain (P.W.5) and Sangeetha (P.W.8). These children were studying in 5th and 2nd standard respectively in 'Suguna Rips School' in Coimbatore. It is their routine to leave for School around 7.45 in the morning and stand near a Vinayakar Temple, about 200 ft. away from their house. They will be picked up by a vehicle of 'SUGUNA CABS' owned by one Karthikeyan (P.W.2). As usual, on 29.10.2010, the two children, with their school bags and lunch boxes, left their home around 7.45 in the morning and went to the usual place for the vehicle to pick them up. When Karthikeyan (P.W.2) came to the place around 8 o'clock in the morning, he did not find the children there. So, he contacted the father of the children Ranjith Kumar Jain (P.W.5) in his mobile and asked him as to why the children were not there. Ranjith Kumar Jain (P.W.5) was in Hyderabad at that time and so, he was not in a position to give an immediate reply to Karthikeyan's query and told him that he will check up with his wife and get back to him. Accordingly, Ranjith Kumar Jain (P.W.5) called his wife and enquired of this, for which, she told him that the children had already left the house. Ranjith Kumar Jain (P.W.5) was already on his way to the Hyderabad Airport for returning to Coimbatore and so, he instructed his wife to look out for the children and co-ordinate with the van driver. Sangeetha (P.W.8) went near the said Temple and spoke to Karthikeyan (P.W.2) and told him that the children had already left the house. Since Karthikeyan (P.W.2) had to pick up other children, he took leave of Sangeetha (P.W.8) and went about his work. Thereafter, Sangeetha (P.W.8) and her brothers-in-law Vijaya Kumar (P.W.1) and Sanjai (P.W.6) started searching for the children.

(3.) The learned Judicial Magistrate-V, Coimbatore took cognizance of the offence in PRC No. 22/2010 and on appearance of Manoharan, the provisions of Section 207 Cr.P.C. were complied with and the case was committed to the Court of Sessions. Before the learned Sessions Judge, Manila Court, Coimbatore, the following charges were framed against the accused Manoharan: