Prosecution must prove guilt beyond reasonable doubt; absence of eyewitnesses and circumstantial evidence weakens the case, resulting in acquittal.

ORDER :

P.Velmurugan, J.

This Criminal Appeal has been filed by the State to set aside the judgment of acquittal of the respondent/accused in Special Sessions Case No.1 of 2018 dated 27.11.2018 on the file of the Principal Sessions Judge, Namakkal and convict the respondent/accused for the charges framed against him.

2. The case of the prosecution is that the deceased is a widow. The deceased was staying in her parental home along with her three children. On 16.07.2017 at 5 p.m., the deceased had gone to a spinning mill for coolie work and thereafter, she did not return home on that night. Next day morning i.e. on 17.07.2017 at 6 a.m., one Ilango, informed the father of the deceased/P.W.1 that his daughter/deceased was found dead near Mala Temple, Appaiyamedu. Hence, P.W.1 rushed to the scene of occurrence along with Ilango in his two wheeler and found his daughter dead in mess condition with torn blouse. There were blood stains in the left nose of his daughter and there were empty liquor bottles, meal with meat. Thereafter, he rushed to Tiruchengode Rural Police Station and lodged the complaint/Ex.P.1.

3. Based on the complaint lodged by the father of the deceased, the FIR in Crime No.428 of 2017 was registered by the Inspector of Police, Rural Police Station, under Section 174 of Cr.P.C. and during the course of investigation, it revealed that the deceased had the habit of drinking alcohol and also had illicit contacts with many persons. The accused/respondent is a drunkard and he used to involve in small thefts. On the date of occurrence i.e. 16.07.2017 at about 9.00 p.m., the accused saw the deceased walking in Tiruchengode bus stand under the influence of alcohol. The accused who intended to rob and rape her using her intoxication, followed her and by inducing her to provide brandy and biriyani, abducted her in his TVS XL Moped bearing Reg. No.TN 56E 9828 and took her behind Mala Koil situated at Appiya Medu, Sindampalayam and had forcible intercourse with the deceased. Further, as the deceased resisted the accused from robbing her jewels from her body, the accused dashed her head against the stone found on the earth and caused her death and subsequently, the accused robbed a cell phone, a golden nose stud and a pair of metal ear studs from the deceased. It was also found that the deceased belonged to Scheduled Caste community and the accused is a non member of Scheduled Caste and therefore the offences were altered to Sections 392 , 376, 302 read with Section 3(2)(va) of SC/ST (POA) and handed over the case file to the Deputy Superintendent of Police based on the order of the Namakkal Superintendent of Police, Namakkal. The Deputy Superintendent of Police after completion of investigation, filed the charge sheet before the Principal Sessions Judge, Namakkal and the same was taken on file in Spl.S.C.No.1 of 2018. The learned Sessions Judge, on appearance of the accused and perusal of records found that prima facie case was made out and thereby framed charges against the accused for the offences under Sections 366 , 376, 302, 392 IPC and Section 3(2) (v) of SC/ST (PoA) Act and when the accused was questioned on the charges, he pleaded not guilty and claimed for the detailed trial. 4. In order to prove the guilt of the accused, on the side of the prosecution 27 witnesses were examined as P.W.1 to P.W.27 and 43 documents were marked as Ex.P.1 to Ex.P.43 and 10 material objects were marked as M.O.1 to M.O.10. On the side of defence, no oral and documentary evidence was let in.

5. After completion of trial and upon hearing of the arguments advanced on either side and perusal of records, the trial Judge found that the offences are not proved by the prosecuti