SARAVANAN Vs. STATE

JUDGEMENT

(1.) CHALLENGE in this Criminal Appeal is to the conviction and sentence dated 18th day of November, 2011 passed in Sessions Case No. 25 of 2011 by the District and Sessions Court, Karur.

(2.) THE epitome of the case of the prosecution is that the defacto complainant by name Chandrasekaran is the father of the deceased by name Prabakaran. The defacto complainant has been residing in Gandhigramam, North Bharathiyar Street, Second Cross, Pasubathipalayam. On 12.07.2009 during evening hours, the deceased Prabakaran has gone out for playing. At that time, the accused by name Saravanan under the guise of buying and giving chocolate, has taken the deceased to his house. After locking the outer door of the house, he has had carnal intercourse against the order of nature with the deceased. Due to overtacts committed by the accused, the deceased has become unconscious. Since the accused is having apprehension that the deceased would divulge the overtacts committed by the accused, he put the deceased in a gunny bag and by using his Bajaj M -80 has taken the deceased to Karur - Tiruchirapalli - NH - 67 and near Reliance Petrol Bunk, attacked the deceased by using a crowbar and due to his overtacts he passed away. Since the deceased has not come to house, the defacto complainant has given a complaint to PW22 and the same has been registered in Crime No. 584 of 2009. The complaint given by the defacto complainant has been marked as Ex.P1.

(3.) The postmortem certificate has been marked as Ex.P13. The Inspector of Police viz., PW24 has arrested the accused and recorded his confession statement. Further investigation has been done by PW25, Inspector of Police and after completing investigation he has laid a final report on the file of the Judicial Magistrate Court No. I, Karur and the same has been taken on file in PRC No. 1 of 2011.