The sufficiency of evidence and the credibility of dying declarations are crucial in establishing criminal charges.

JUDGMENT

(Prayer: Criminal Appeal is filed under Section 372 (2) of Cr.P.C., to set aside the Conviction and Sentence imposed upon the appellants by the Hon'ble Fast Track Mahila Court, Nagapattinam, dated 23.07.2014 in S.C.No.73 of 2013.)

1. On 31/07/2012 at about 18.15 hrs, Rekha daughter of Karunanithi, a 17 years old lass committed suicide by hanging at her house. The matter was reported to the respondent police by her father on the next day at about 08.00 hrs. Based on his information, the case was registered in Crime No.476/2012 under Section 176 Cr.P.C and investigation was taken up. The investigation revealed that, on the date of incident the victim girl was subjected to harassment by the appellants herein. The appellants 1 to 5 were arrested and charged for offences under Sections 147, 354, 306 of I.P.C and section 4(b) of Tamil Nadu Prohibition of Harassment of Women Act. The charges were denied by the accused/appellants.

2. To prove the charges, the prosecution has examined 13 witnesses and marked 14 documents as exhibits. The trial court found all the 5 accused guilty and were sentenced as below:

3. Challenging the conviction and the sentence, the present appeal is filed.

4. The case of the prosecution as per the final report is that, the accused 1 to 5 are 2012-13 batch students of AVC Polytechnic College, pursuing their Diploma Courses. They are close friends. During the said period, the deceased Rekha was pursuing 2nd year EEE diploma course in the same college. A year prior to the incident, Rekha was in friendly term moving closely with the first accused Mahi @ Mahendiran @ Mahendar. Thereafter, she started disassociated from him and friendship with another boy of the same college. Therefore, Mahi and his friends (A-1 to A-5) decided to disgrace and harass Rekha for shifting her friendship. On 31/07/2012, at about 5.00 p.m., A-1 to A-5 came in two wheelers and gathered together unlawfully near the college and when Rekha came out of the college, at the instigation of A-1, the other accused abused Rekha for changing lovers each day. The first accused threatened her saying, he should not see her alive the next day. Also, the accused uttered vulgar comments offending her modesty, which forced her to commit suicide by hanging on returning alone.

5. The father of the victim who gave the complaint (Ex.P-1) on the next day (01/08/2012), died pending trial. The mother of the victim was examined as P.W-1. She, in her deposition has stated that, her daughter was pursuing 2nd year Diploma course in AVC Polytechnic College. Her husband was running a petty shop near her residence. Her daughter used to complaint that in the college boys are teasing her. On 31/07/2012 at about 5.45 p.m., while she was in the petty shop assisting her husband, her daughter returned from the college and came to the petty shop to collect the house key. Her daughter face was dull and when she enquired, her daughter told that Sri Karthi, Diwakar, Ashok kumar, Subash and Mahi@Mahendiran (the appellants herein) teased her and abused her saying, will she not love Mahi, whom she is in love, are you a dame ?, why she is still alive?.

6. P.W.1 pacified her and sent her to the house assuring that the next day they shall go to the college and report. Her daughter collected the key and left saying she feel ashamed and not interest to liv