Mr. P.N. PRAKASH, J.

1. The death sentence awarded to Manoharan, the sole accused in S.C. No. 44/2011 by the learned Sessions Judge (Mahila Court) Coimbatore, on 01.11.2012 is now before us for confirmation under Section 366 Cr.P.C. Manoharan has also filed Crl. A. No. 854/2012 challenging the very conviction.

2. Why has he been condemned to the hangman’s noose? For allegedly satiating his lust and sniffing out the life of two children.

3. ‘X’, a ten year old girl and her brother ‘Y’, a seven year old boy were the children of Ranjith Kumar Jain (P.W.5) and Sangeetha (P.W.8). These children were studying in 5th and 2nd standard respectively in ‘Suguna Rips School’ in Coimbatore. It is their routine to leave for School around 7.45 in the morning and stand near a Vinayakar Temple, about 200 ft away from their house. They will be picked up by a vehicle of ‘SUGUNA CABS’ owned by one Karthikeyan (P.W.2). As usual, on 29.10.2010, the two children, with their school bags and lunch boxes, left their home around 7.45 in the morning and went to the usual place for the vehicle to pick them up. When Karthikeyan (P.W.2) came to the place around 8 o’clock in the morning, he did not find the children there. So, he contacted the father of the children Ranjith Kumar Jain (P.W.5) in his mobile and asked him as to why the children were not there. Ranjith Kumar Jain (P.W.5) was in Hyderabad at that time and so, he was not in a position to give an immediate reply to Karthikeyan’s query and told him that he will check up with his wife and get back to him. Accordingly, Ranjith Kumar Jain (P.W.5) called his wife and enquired of this, for which, she told him that the children had already left the house. Ranjith Kumar Jain (P.W.5) was already on his way to the Hyderabad Airport for returning to Coimbatore and so, he instructed his wife to look out for the children and co-ordinate with the van driver. Sangeetha (P.W.8) went near the said Temple and spoke to Karthikeyan (P.W.2) and told him that the children had already left the house. Since Karthikeyan (P.W.2) had to pick up other children, he took leave of Sangeetha (P.W.8) and went about his work. Thereafter, Sangeetha (P.W.8) and her brothers-in-law Vijaya Kumar (P.W.1) and Sanjai (P.W.6) started searching for the children.

(a) Around 10.30 in the morning, Kamala Bai (P.W.9), the paternal grandmother of the children, who had gone to the Jain Temple around 8.00 in the morning, returned home around 10.30 in the morning and found panic at home and told Sangeetha (P.W.8) that the children were picked up by a former driver of the van and that the children must be in the School. In the meantime, Vijayakumar (P.W.1) went to the School and found out that the children had not reached the School. On their part, the family members frantically started making searches at probable places and around 10.45 a.m., it became clear that the children were missing. Therefore, Vijayakumar (P.W.1) went to B8 Variety Hall Police Station and lodged an oral complaint, which was taken down in writing (Ex.P1) by Vasuki, Sub Inspector of Police (P.W.42), who registered a case in B8 Variety Hall Police Station Cr. No. 1461/2010 under Section 363 IPC and prepared the FIR (Ex.P37), which was received by the learned Magistrate at 1.00 p.m. on 29.10.2010 as could be seen from the endorsement thereon.

(b) The investigation was taken over by the Inspector of Police (P.W.47), B8 Variety Hall Police Station, who recorded the statement of Vijayakumar (P.W.1). He went to ‘Suguna Rips School’ and enquired with Anthony Raj (P.W.10), the Principal of the School and learnt that the children did not come to the School on that day. He prepared an Observation Mahazar (Ex.P8) and a Rough Sketch (Ex.P57). The father of the children Ranjith Kumar Jain (P.W.5) returned home from Hyderabad sometime in the afternoon and his statement was also recorded. The Investigating Officer (P.W.47) recorded the statement of Kamala Bai (P.W.9) and collected the photo