JUDGMENT :

(Prayer: Appeal filed under Section 374 of Cr.P.C., to call for the entire records connected to the judgment in S.C.No.89 of 1995, on the file of the II Additional Sessions Judge, Tirunelveli, dated 20.11.1996, and set aside the conviction and sentence imposed against the appellant.)

1. The appeal is filed by the sole accused, who was found guilty by the trial Court of the charge under Sections 376 and 302 of I.P.C.

2. The trial Court sentenced him to undergo 10 years rigorous imprisonment for the offence under Section 376 of I.P.C. and life imprisonment for the offence under Section 302 of I.P.C. The period of sentence was ordered to run concurrently.

3. The case of the prosecution is that, on 24.01.1994 at 12.00 a.m. near Mottai Dam, Kuttisamy Field, 8 Kilometers away from Sengottai, the appellant herein carried the deceased Nagoor Meeral to a secluded place, removed her dress and raped her. Further, he pushed her on the stone causing head injury leading to her death. Mymoon Beevi [P.W.1], who was present along with the deceased, Ismail Beevi and Fathima [P.W.2], collecting firewood in the forest, gave a complaint to the Sengottai Police on the next day at 08.00 hours, sta