JUDGMENT :

(Prayer: The Criminal Appeal is filed under Section 378(3) of the Code of Criminal Procedure, to allow the appeal and set aside the judgment of acquittal of the respondent/accused passed by Sessions Court/Fast Track Mahila Court, Dindigul in Spl. S.C.No.29 of 2019, dated 29.09.2020.

The Criminal Appeal is filed under Section 372 of the Code of Criminal Procedure, to call for the records and to allow the above appeal by setting aside the judgment dated 29.09.2020 passed in Spl.S.C.No.29 of 2019, on the file of the Sessions Court/Fast Track Mahila Court, Dindigul.)

1. The sole accused in Spl.S.C.No.29/2019 was acquitted from charges of offence under Section 302 IPC and section 5(m) r/w 6 of POCSO Act by the trial Court vide judgement, dated 29/09/2020. Being aggrieved by the judgment of acquittal, the State, represented by the Public Prosecutor, as well as the father of the victim minor girl are before this court as appellants in Crl.A(MD).No: 337/2020 and Crl.A.(MD)No: 142/2021 respectively.

2. The case of the prosecution unfurls in the following manner:

(i) The victim minor girl aged about 12 years, was at home during the summer vacation after completing her 7th standard. Her father is a laundry worker and mother is an agricultural coolie. On 16/04/2019, To eke out their livelihood, at about 7.00 am, her father left for his shop. Thereafter, her mother left for 100 days work scheme. The victim girl went to the PDS shop along with one Marimuthu and returned home after buying rice. At about 5.00 pm, when the mother returned home from work, she found her daughter in the bedroom lying with bleeding injuries over her body. Her dress was irregular, shimmies missing. A live electrical wire inserted into her nose and mouth. Blood stains and coins were found around her. She immediately switched off and lifted her daughter. Then she realised that her daughter is dead. Immediately, she called her husband. Her husband came home and saw her dead daughter lying in the bedroom as narrated above. So he went to the Vadamadurai Police Station, lodged a complaint and set the law into motion. Initially, the case was registered under Section 174 Cr.P.C as suspicious death.

(ii) Subsequently, the police during investigation found that the perpetrator of the crime is a lad, aged few months less than 18 years, living next to the victim's house. Accordingly, the charges were altered into Section 302 IPC and Section 5(m) r/w 6 (1) of POCSO Act. The accused was secured on 26/04/2019, being a juvenile confect in law, he was produced before the Juvenile Justice Board at Dindigul. The accused was sent to observation Home.

(iii) On completion of investigation, final report was filed before the Fast Track Mahila Court, Dindigul against the accused and same was taken on file in Spl.S.C.No.29/2019. Charge u/s 449 IPC, 302 IPC , 5(m) r/w 6 of POCSO Act framed. To prove the charges, prosecution examined 35 witnesses and marked 26 exhibits, 9 material objects. The trial court on appreciation of evidence held the charges not proved beyond doubt and acquitted the accused.

3. The appeals against acquittal by the State and the father of the victim girl are on the ground that the trial court failed to consider the overwhelming evidence against the accused placed before it by the prosecution.

4. The evidence of Deepalakshmi (PW-10) who saw the accused coming out of the deceased house and noted his conduct while she was attending her nature call, erroneously disbelieved by the trial court on the ground that a lady will not come out to relieve herself in open during daytime, when there is a toilet in her house.

5. The extra judicial confession of the accused to the District Child Welfare Officer (PW-25) admitting his guilt was totally overlooked by the trial court for the reason that PW-25 is not trustworthy witness as she had not produced the notes taken down by her while counselling the accused. The trial court, ignoring the statutory presumption under section 29 of