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2012 Supreme(Ker) 31

R.BASANT, V.CHITAMBARESH
Krishna Pillai @ Krishnan Nair – Appellant
Versus
State of Kerala – Respondent


Advocates appeared:
For the Petitioner:V. Sethunath V. Vinay, Advocate.
For the Respondent: Roy Thomas, Public Prosecutor.

Judgment

CHITAMBARESH, J.

1. Nomads wander from place to place in search of greener pastures and the boundaries of States present no barriers to them [See Lakshman v. State of Madhya Pradesh, (1983 (3) SCC 275)]. The victim in the instant case is a 31/2 year old girl by name Nallaka who belonged to a nomadic family from Tamilnadu and strayed to Kerala. She went to sleep with her siblings and parents in the central room of the comfort station in a Private Bus Stand at Adoor on the night of 2.12.2005. Her further woke up at 1.00 A.M. past mid night to find his daughter missing from the place of sleep. A person sleeping in the same room of the comfort station who was heavily drunk blurted out that he saw the girl walking away. The search for the missing girl ended when she was found dead in a property few meters away from the bus stand on the morning of 7.12.2005. The suspicion centered around the person who was also sleeping in the room as he was seen loitering around the bus stand in the recent past. He was arrested on 8.12.2005 and a sordid story of rape and murder of the minor girl was thus unfolded. The girl was allegedly abducted, raped and murdered and her body concealed underne























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