MUTHUSAMY @ KANNAN Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) The conviction and sentence, dtd. 25/10/2007 passed in Sessions Case No.399 of 2006 by the Sessions Court, Mahila Court, Madurai, are being challenged in the present Criminal Appeal.

(2.) The case of the prosecution is that before the date of occurrence ie., on 23/3/2004, the accused conspired together and planned to kidnap Senthil Murugan's daughter viz., Indumathi-P.W.2 and to perform marriage with the first accused. On 23/3/2004, at about 01.00 p.m., while the minor victim girl-Indumathi-P.W.2 was returning home after writing +2 examination in the School, accused 1 to 6 abducted her in the Ambasador Car stating that they are going on the way to her home and picked her in the car. Believing their words, she got inside the car. As the car was not proceeding towards her home, P.W.2 questioned the same to P.W.4. P.W.4 stated that after dropping her husband in Mattuthavanai bus stand, they will proceed to her home, but the car was not proceeded to Mattuthavani bus stand and entered into petrol bunk. While P.W.2 noticed that the car proceeded away from Madurai and van is proceeding towards the car, she questioned where they are proceeding, for which, the fourth accused threatened her and not to make noise. The said car proceeded towards the house of accused No.7, which is situated in Indira Nagar, Pandhalkudi, where they kept the minor victim girl-P.W.2. Accused No.4 informed her husband that they kidnapped P.W.2. Due to the continuous cry of P.W.2, on that day, at about 06.00 p.m., they informed P.W.4, who is owning shop infront of P.W.1's house, through phone that P.W.1's daughter is in Thoothukudi and asked P.W.4 to inform the same to P.W.1. Immediately, P.W.4 informed to P.W.1 and P.W.3. Thereafter, P.W.1 gave a complaint-Ex.P.1 and the same has been registered in Crime No.446 of 2004.

(3.) On the basis of Ex.P.1, P.W.8-the Investigating Officer has done investigation and after completing the same, has filed a final report on the file of the Judicial Magistrate's Court No.II, Madurai. The final report has been taken on file in P.R.C.No.69 of 2005. The case has been committed to the Court of Sessions and taken on file in Sessions Case No.339 of 2006.