IMPORTANT POINT
Mere fact that extra-judicial confession spoken to witnesses was later put in black & white in the police station is no reason to cover it with the wrapper of inadmissibility.

JUDGMENT

Thoams, J.-A girl of sixteen (Satya Vani) was raped and throttled to death. This was the gravamen of the charge put against respondent Gangula Satya Murthy alias Babu, Sessions court convicted him under Sections 302 and 376 of the Indian Penal Code and sentenced him to imprisonment for life and rigorous imprisonment for 7 years respectively under the two counts. But on appeal, a Division Bench of the High Court of Andhra Pradesh acquitted him. This appeal by special leave has been filed by the State of Andhra Pradesh in challenge of the said order of acquittal.

2. We shall state the facts of the case as out forth by the prosecution :

Satya Vani was a student of 10th Standard. She was residing with her parents in the village Talluru (East Godawari District). Respondent Babu, a married youngman, was residing with his mother in their house situated near the house of the deceased. Satya Vani used to visit respondent s house to see television programmes as there was no television set available in her house. Respondent developed, in course of time, an infatuation for Satya Vani, but the overtures made by him were not favourably reciprocated by her.

3. On the evening of 26.11.1991, Satya Vani was sent by her parents to the house where her grand-parents lived with some errand. While returning from there she stepped into respondent s house for seeing the telecast programmes. Respondent was all alone then in that house as his mother had gone to the town to see a cinema show. Taking advantage of the absence of anyone else in the house, respondent subjected Satya Vani to sexual intercourse by forcibly putting her on the cot. When she threatened that she would complain it to her parents respondent caught hold of her neck and throttled her to death. A little later respondent went out of the house bolting it from outside.

4. As Satya Vani did not return home even after a long time her parents became panicky and they made hectic enquiries for her. When respondent s mother reached home by about 10 P.M., she found Satya Vani s dead body lying on the cot in her house, and she immediately conveyed the frightening news to her anxious parents.

5. Police was informed of the matter and an FIR under Section 174 of the Code of Criminal Procedure was prepared, and the inquest on the dead body was hold by the sub Inspector of Police. During autopsy it was revealed that Satya Vani was subjected to sexual intercourse and her death was due to throttling.

6. On 2.12.1991, respondent was physically produced before the police by two residents of the locality (PW-6 and PW-7) on the premise that respondent had admitted his guilt to them. A letter which Satya Vani had addressed to the respondent was also delivered to the police. After completing the investigation, respondent was challaned.

7. Sessions Court found on evidence, which is entirely circumstantial, that res-pondent had raped the deceased girl and killed her by throttling. Accordingly the respondent was convicted and sentenced as aforesaid.

8. The following circumstances were found by the Sessions Court as established firmly by the prosecution : (1) Satya Vani was seen entering the house of the respondent by about 5.30 P.M.; (2) After some time respondent was seen going out of the house bolting the door from outside; (3) Death of Satya Vani took place inside the house of the respondent some time between 6 P.M. and 10 P.M.; (4) She was subjected to sexual intercourse before her death and she died due to throttling; (5) Respondent alone was present in the house during the relevant time besides the deceased; (6) Extra judicial confession was made by the respondent to PW-6 and PW-7.

9. The Division Bench of the High Court of Andhra Pradesh, however, expressed the view that possibility of deceased s death due to consumption of poison, could not be ruled out in this case. Learned Judges entertained the doubt that the injuries on the neck including the fracture of the hyoid bone could have