William Stephen vs State of Tamil Nadu

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(SC) 165

ABHAY S. OKA, UJJAL BHUYAN
William Stephen – Appellant
Versus
State of Tamil Nadu – Respondent

Advocates appeared:
For the Appellant(s) : Mr. Gaurav Agrawal, Sr. Adv. Mr. Siddhartha Iyer, Adv. Mr. Rakesh Sharma R., AOR Mr. S. Hemant, Adv. Mr. Vasantha Kumar Kulandaivelu, Adv. Ms. Anitha Shenoy, Sr. Adv. Ms. Srishti Agnihotri, AOR Ms. Sanjana Grace Thomas, Adv. Ms. A Reyna Shruti, Adv. Ms. Ayushma Awasthi, Adv. Ms. Namrata Sarah Caleb, Adv. Ms. Pariksha, Adv. Mr. D P Singh, Adv. Ms. Tara Elizabeth Kurien, Adv.
For the Respondent(s): Mr. V. Krishnamurthy, Sr. A.A.G. Mr. D. Kumanan, AOR Mr. Sheikh F. Kalia, Adv. Mrs. Deepa. S, Adv. Mr. Veshal Yyagi, Adv.

JUDGMENT :

ABHAY S. OKA, J.

FACTS

1. These two Appeals have been preferred by the accused nos.2 and 1 respectively against the impugned judgment dated 27th July, 2016 passed by the High Court of Judicature at Madras, whereby their conviction and sentence have been confirmed. The appellants-accused have been convicted for the offence punishable under Section 364A read with Section 34 of the Indian Penal Code, 1860 (for short, “IPC”). Both of them have been sentenced to undergo life imprisonment.

2. With a view to appreciate the controversy, a brief reference to the factual aspects will be necessary. PW-1 and PW-3 are respectively the father and the mother of PW-2 (the child who is the victim of the offence). The age of the child-PW-2 at the relevant time was eight years. The child/PW-2 was taking education in third standard. After returning from the school, the child-PW-2 used to visit the house of PW-5, who was running tuition classes. The child-PW-2 used to return around 07:30 p.m.

3. On 20th October, 2010, the child-PW-2 did not return from the tuition class at usual hour. The case of the prosecution is that after the tuition class was over, while the child-PW-2 was walking back towar

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2024 Supreme(SC) 165

ABHAY S. OKA, UJJAL BHUYANWilliam Stephen – AppellantVersusState of Tamil Nadu – Respondent

ABHAY S. OKA, UJJAL BHUYAN
William Stephen – Appellant
Versus
State of Tamil Nadu – Respondent