VELAYUTHAM Vs. STATE

JUDGEMENT

(1.) THIS appeal challenges the judgment of the Additional Sessions Division, Fast Track Court-II, Poonamallee in S. C. No. 80 of 2008 whereby the accused stood charged under sections 302 and 201 I. P. C. , tried and on trial, he was found guilty as per the charges and awarded life imprisonment for offence under section 302 IPC and seven years rigorous imprisonment for the offence under section 201 IPC along with fine and default sentences. The sentences are ordered to run concurrently.

(2.) THE short facts necessary for the disposal of this Appeal can be stated as follows:

(3.) ADVANCING the arguments on behalf of the appellant, the learned counsel, Mr. S. Panneerselvam, would submit that the prosecution has not proved the case or brought home the guilty of the accused beyond reasonable doubt. According to the prosecution, the occurrence has taken place on 2. 11. 2007 prior to 11. 00 p. m. Though P. W. 1, mother of the child would claim that she knew that the child was missing on 2. 11. 2007, she did not chose to give complaint to the police or to the Village Administrative Officer about the same. This would cast doubt in the conduct of P. W. 1. P. W. 1 would also claim that after few days, her husband came back and informed her about the incident and thereafter, she went to the police station and gave Ex. P1, complaint which is highly doubtful.