The court ruled that a conviction based on the testimony of a child witness requires careful scrutiny, and inconsistencies can lead to the benefit of doubt for the accused.

JUDGMENT :

K. SURENDER, J.

1. Both the appellants who are arrayed as accused Nos.1 and 2 were convicted by the learned Sessions Judge for the offence under Section 302 of IPC and sentenced to undergo life imprisonment. Questioning the said conviction, the present appeal is preferred.

2. The case of the prosecution is that on 20.11.2012, in the evening, accused Nos.1 and 2 went to the house of the deceased and asked her to participate in sexual intercourse with them. However, when the deceased refused, there was a quarrel and accused No.2 caught hold the deceased and accused No.1 hit her with a stick on her left eye and also pierced the stick into her vagina. Due to which, she died.

3. A complaint was filed by PW1 who is the mother of the deceased on 21.11.2012 at 10:00 A.M. In the complaint, she narrated that her sister namely Sugunamma/PW2 informed about the death of the deceased and accordingly, when she went to the house at around 07:00 A.M., she found that the deceased was lying in one of the rooms with injuries and was dead. She came to know that accused Nos.1 and 2 went to the house and a quarrel took place between them and accused Nos.1 and 2 killed her. The dead body was found without clothes and with injuries to the eye.

4. Having received the complaint, Police registered a case against the appellants for the offence under Section 302 read with 34 of IPC and commenced investigation. They went to the scene of offence and panchanama proceedings/Ex.P3 was conducted. Thereafter, inquest proceedings were undertaken under Ex.P5. After inquest proceedings, the body was sent for post-mortem examination. The Doctor who conducted post-mortem examination on the body of deceased found following injuries:-

1. Laceration of Left Upper eye lid 4 x 3 cm with depression and rupture of eye brow.

2. Laceration of left lower eye lid 4 x 3 cms with tear with inner campus of eye lid.

3. Abrasion over back of left elbow in lower 1/3^rd of arm 1 x 1 cm.

4. Abrasion over front right knee about 1 x 1 cm.

5. Tearing of posterior commission of vegina 2 cms. Deep x bleeding explosing muscles.

6. Multiple small abrasions of ½ cms over front of upper part of thigh.

7. Contusion of 5 x 3 cms. Over front of left side of neck just above clavity. Abrasions are bright red in colour

5. According to PW9/Doctor, after receiving the analysis report, he opined that the cause of death of deceased was due to multiple injuries and there was a possibility that victim was subjected to rape.

6. During the course of investigation, the accused were arrested on 26.11.2012. Pursuant to their confession, stick that was used in the commission of offence was recovered at the instance of accused.

7. Having concluded the investigation, the Police filed charge sheet against the appellants. Charges under Section 302 read with 34 of IPC were framed against the accused Nos.1 and 2 by learned Sessions Judge.

8. During the course of trial, on behalf of the prosecution, PWs.1 to 12, Exs.P1 to P12 and Material Objects i.e., MOs.1 to 5 are marked.

9. Learned Sessions Judge mainly relied on the evidence of PW3, who is the daughter of the deceased to record conviction. According to the learned Sessions Judge, the evidence of PW3 corroborated with the injuries that were found by the Doctor/PW9, who conducted post-mortem examination on the dead body of deceased.

10. According to PW3, on the date of incident, she found accused Nos.1 and 2 consuming alcohol with her mother when she came from school at around 03:00 P.M. PW3 informed that she was having head ache and her mother asked her to go and sleep in the bed room. When PW3 was sleeping she h