JUDGMENT :

S. Vaidyanathan, J.

Prayer: Referred Trial under Section 366 of the Code of Criminal Procedure on the judgment of the learned Sessions Judge, (Mahila Court), Pudukkottai, in Spl.S.C.No.28 of 2020, dated 29.12.2020.

Criminal Appeal filed under Section 374 of the Code of Criminal Procedure against the judgment of the learned Sessions Judge, (Mahila Court), Pudukkottai, in S.C.No.133 of 2018, dated 01.10.2021.

This case is arising out of murder of a victim child aged about 7 years, who belonged to Scheduled Caste community and was done to death after an aggravated penetrative sexual assault on the deceased victim child (hereinafter referred to as 'the deceased child').

2. The case of the prosecution is that the complainant Nagooran, (P.W.1), who is the father of the deceased child had entered into a marriage with the 3rd wife, namely, Selvi, a mentally retarded and out of the said marriage, two children were born, one is the deceased child and another one was aged about 5 years. The accused had developed friendship with the deceased child to fulfil his sexual desire. On 30.0