S. GOPALAKRISHNAN Vs. STATE

JUDGEMENT

(1.) The appellants are the accused Nos. 1 and 2 in S.C. No. 148 of 2006, on the file of the Additional District and Sessions Judge (Fast Track Court No. III), Madurai. There was yet another accused, by name, Mr. Chellapandi. Since Mr. Chellapandi was found to be a juvenile in conflict with law, the case against him was separately dealt with before the Juvenile Justice Board under the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2000. The accused Nos. 1 and 2 were dealt with by the Trial Court. The Trial Court framed as many as four charges as detailed below.

(2.) The case of the prosecution, in brief, is as follows:

(3.) 1. On 14.12.2005, at 10.00 AM, PW -1 had left for his shop, leaving behind the deceased alone at his house. At 10.00 PM, on the same day, when he returned home, he found the deceased missing. He enquired his brother - PW -3, who was then residing in his house, situated on the backside of the house of PW -1. PW -3 told that by around 02.30 PM, the first accused had taken the deceased with her under the pretext of giving money for purchasing kerosene. According to PW -3, thereafter, the deceased was not seen. PW -1 and PW -3 went in search of the deceased and they could not find her anywhere. PW -1 informed PW -4, the brother of the deceased, about the same. PW -4 also came to the house of PW -1 and searched for the deceased for the whole night. They could not find the deceased anywhere. But, the house of the first accused was found locked and she was not seen.