STATE Vs. K RAJENDRAN

JUDGEMENT

(1.) The State appeals. Challenge is made to the judgment of the Additional Sessions Division, Fast Track Court, Poonamallee, made in S.C. No. 197 of 2008 whereby the sole accused/respondent herein stood charged and tried under Sections 377 and 302 I.P.C. and on trial, he was not found guilty of the above said charges and was ordered to be acquitted.

(2.) The short facts necessary forthe disposal of this appeal can be stated thus:

(3.) Advancing the arguments on behalf of the State, the learned Additional Public Prosecutor would submit that the trial Judge has not considered and appreciated the evidence put forth by the prosecution. The prosecution mainly relied on the last seen theory which was clearly spoken to by P.W.3, 4 and 5 P.W.3 have categorically stated that on the evening of 20.4.2008 she was playing with the deceased Jayabharathi it was the accused who gave chocolate and also Rs. 21- to Jayabharathi and the same was questioned by her but the accused replied that there is nothing wrong in it. Thereafter, P.W.3 left the place. P.W.4 petty shop vendor has categorically stated that the accused gave money to the child and the child purchased chocolate from her shop out of the money, she had. Insofar as P.W.5 is concerned, he has seen the deceased in the company of the accused and they were going near his street and after some time he saw the accused alone coming back. Accordingly, the last seen theory was spoken to by all these three witnesses viz., P.W.3, P. W.4 and P.W.5.