DHAVAMANI Vs. STATE

JUDGEMENT

(1.) THIS judgment shall govern these two appeals, namely Criminal Appeal No.454 of 2008 preferred by A-2 and Criminal Appeal No.482 of 2008 preferred by A-1.

(2.) THESE criminal appeals challenge the judgment of the Principal Sessions Division, Villupuram made in S.C.No.52 of 2007, whereby these appellants stood charged, tried and found guilty as follows: The sentences were ordered to run concurrently.

(3.) ADVANCING arguments on behalf of the appellants, the learned Senior Counsel would submit that the occurrence has taken place at about 7.00 p.m. on 16.01.2002 that admittedly, the complaint was given only at 9.00 a.m. on 17.01.2002, though even according to the witnesses, the dead body was found in the night hours that there was delay noticed in reporting the matter that apart from that, P.Ws.2 and 3, who are the mother and sister of the deceased, had not spoken anything about the connection of the accused with the case that in the instant case, the prosecution had no direct evidence to offer that the witnesses examined, namely P.Ws.5,6,7 and 8, have turned hostile and hence their evidence could not be used by the prosecution that what was available for the prosecution was only the arrest, confessional statement of A-2 and the recovery of M.O.3, gold ear stud and M.O.4, silver anklet that the witnesses examined by the prosecution in this regard are P.Ws.9 and 10, but both these witnesses have turned hostile and under these circumstances, that part of the evidence was not proved and thus, it was not a case where the prosecution was lacking in evidence, but it had no evidence to offer, but the trial court was carried away by the fact that a girl aged 19 years was raped and murdered and hence it has taken an erroneous view, which has got to be set aside and therefore, the appellants are entitled for acquittal in the hands of this court.