The judgment establishes the application of the last seen theory, circumstantial evidence, and extra judicial confession in establishing guilt in a criminal case.

M. Chockalingam, J.

The State appeals. Challenge is made to the judgment of the Additional Sessions Division, Fast Track Court, Poonamallee, made in S.C.No.197 of 2008 whereby the sole accused/respondent herein stood charged and tried under sections 377 and 302 I.P.C. and on trial, he was not found guilty of the above said charges and was ordered to be acquitted.

2. The short facts necessary for the disposal of this appeal can be stated thus:

(a) P.W.1 is the wife of P.W.2. P.W.3 is the daughter of P.Ws.1 and 2. The deceased child, Jayabharathi, aged 3 years was also the daughter of P.Ws. 1 and 2. P.W.4 is running a petty shop. P.W.5 was residing nearby the house of P.Ws. 1 and 2. On the date of occurrence, that was on 20.4.2008, during evening hours, P.W.3 and Jayabharathi were playing in the street. At that time the respondent who came there gave chocolates and also Rs.2/-to Jayabharathi. On seeing the same, P.W.3 questioned the respondent why he was giving those things to her sister, since her mother would scold her. The accused replied that he has given only chocolates and a small amount and there was nothing wrong in it. At about 4.00 p.m., P.W.3 went to house. when P.W.4 was in the shop, she saw the accused giving money to Jayabharathi and Jayabharathi came to the shop and purchased chocolates with the money she had and left the shop. P.W.5 noticed, accused and Jayabharathi going through his street. But at about 6.15p.m, he found the accused alone returning back. P.Ws.1 and 2 made thorough search of Jayabharathi on the whole day and since they could find her, P.W.1 went to the respondent Police Station and gave a report on 24. 2008 at 10.00 p.m., on the strength of which, a case came to be registered in Crime No.332/2008 for girl missing and the F.I.R. Ex.P11 was dispatched to Court. P.W.12 was enquiring about the same. On 24. 2008 at about 8.00 a.m. P.W.1 was informed that the body of the child was found nearby the pond. Immediately, P.Ws. 1 and 2 rushed to the pond and found the dead body of their child Jayabharathi. Thereafter, they informed the same to the Police.

(b) P.W.12 Sub Inspector of Police, went to the spot and verified the said fact and amended the case to section 174 Cr.P.C. for suspicious death and the amended F.I.R. Ex.P13 was dispatched to Court. P.W.12 took up investigation, made inspection of the place of occurrence and prepared the observation mahazar Ex.P.10 in the presence of witnesses and panchayatdars. Thereafter, P.W.12 conducted inquest on the dad body of the deceased in the presence of witnesses and prepared Ex.P14 inquest report and the dead body was sent to the hospital for the purpose of postmortem.

(c) P.W.7 doctor attached to the Kilpauk Medical College Hospital, on receipt of the requisition, conducted autopsy on the dead body of the child Jayabharathi. He found the body in a decomposed state and gave opinion in Ex.P.3 post mortem certificate that the deceased would appear to have died of asphyxia due to drowning.

(d) Pending investigation on 24. 2008, when P.W.11 village Administrative Officer, Korattur was in his office, the accused appeared before him and gave the confessional statement and the same was recorded by P.W.11 which was marked as Ex.P8. The accused was produced by P.W.11 before the respondent police along with Ex.P8 confessional statement. The accused was arrested by the investigating officer. Then the accused came forward to give confessional statement voluntarily and the admissible part of the same was marked as Ex.P9. The accused took the investigator and the other witnesses to the backside of Durgaiammal temple and he produced M.O.1 blue colour banian The same was recovered under a cover of mahazar, Ex.P10.

(e) On requisition by the investigating officer, necessary orders were issued for conduct of identification parade. Accordingly, Judicial Magistrate No.1, Ponneri conducted identification parade on 5. 2008 and P.Ws. 3, 4 and 5 identified the accused pro