JUDGMENT

Altamas Kabir, J. —

1. This appeal is directed against the judgment and order dated 22nd February, 2007, passed by the Madurai Bench of the Madras High Court confirming the conviction and sentence passed against the appellant under Section 302 of the Indian Penal Code, mainly on the evidence of PW.2, the daughter of the accused No.2 who was ten years old on 23rd October, 1999, when the incident is said to have occurred.

2. The second accused in the trial, Dhanalakshmi, is the wife of the deceased, Chelliah Naicker. The first accused is the nephew of Chelliah Naicker. According to the prosecution case, the first accused and the second accused developed an illicit relationship. The first accused would visit the house of the deceased carrying liquour with him which he gave to the deceased, and, thereafter, indulge in illicit intimacy with the second accused. PW.2, Sundari, referred to hereinabove, is the child of the second accused and the deceased. At the time of the incident, the deceased and the first accused and Sundari were residing in a hut belonging to PW.4 at Rajiv Nagar, Tuticorin. According to the prosecution, on 23rd October, 1999, the first accused came to the hou