A conviction based on circumstantial evidence like 'last seen theory' and extra-judicial confession is legally sound when the prosecution demonstrates a coherent chain of circumstances, forensic corroboration exists, and the accused fails to provide a plausible explanation for the deceased's death under Section 106 of the Evidence Act.

SUBMITTED FOR APPROVAL:

1. Whether Reporters of Local Newspapers may be allowed to see the order? : Yes/No

2. Whether the copy of order may be marked to Law Reporters/Journals? : Yes/No

3. Whether their Lordships wish to see the fair copy of the order? : Yes/No

Gist:

Head Note:

Cases referred:

1) (2002) 8 SCC 45 : 2003 SCC (Cri) 201

2) (2010) 10 SCC 604

3) (2012) 6 SCC 403

JUDGMENT: (Per the Hon’ble Sri Justice Subba Reddy Satti)

1. The Sole accused in POCSO S.C.No.39 of 2017 on the file of the Court of I Additional District and Sessions Judge, Chittoor, is the appellant. He was tried by the learned I Additional District and Sessions Judge under the following two charges:

First charge was under Section 376-A I.P.C,

Second charge was under Section 302 I.P.C and

the third charge was under Section 5 (m) (r) r/w 6 of the Protection of Children from Sexual Offences Act, 2012.

2. Substance of the charges is that on 13.10.2016 at about 9.00 p.m., after witnessing a movie in Vinayaka Theatre at Bangarupalyam along with the complainant Yandi Kuttemma, her husband, children and mother, the accused, took the sleeping Ammu (hereinafter referred to as ‘the deceased’) and on the way split from them, committed rape on her and in the course of such commission, inflicted injuries and caused her death, thereby committed offences under Section 376-A , 302 I.P.C and 5 (m) (r) r/w 6 of the Protection of Children from Sexual Offences Act, 2012.

3. After completion of trial, the learned I Additional District and Sessions Judge, Chittoor convicted the appellant and sentenced him to undergo Rigorous Imprisonment of ‘LIFE’ and to pay a fine of Rs.1,000/- (Rupees One thousand only), in default, to undergo six months simple imprisonment for the offence under Section 302 I.P.C. The learned I Additional District and Sessions Judge, Chittoor further imposed punishment to undergo 10 years Rigorous Imprisonment and to pay a fine of Rs.1,000/- (Rupees One thousand only), in default, to undergo six months simple imprisonment for the offence under Section 5 (m) (r) r/w 6 of the Protection of Children from Sexual Offences Act, 2012 for aggravated penetrative sexual assault on a Minor girl. Both the substantive sentences were directed to run concurrently.

4. The case of the prosecution, as per the evidence of the witness, in brief, is that :

(i) Yanadi Kuttemma, P.W.1, along with her husband, children and mother, living at the Poultry farm of Shaik Chandulal, P.W.4, at T.Puttur Village, Thavanampalli Mandal. On 13.10.2016, at about 5.00 p.m., P.W.1, along with her family members, including the deceased, went to Vinayaka Theatre at Bangarupalem to watch a movie. On the way, the accused, a resident of Toppathipalem Village, who had earlier worked, under P.W.4, joined them. After watching the movie, while returning home, all four children had fallen asleep. The husband of P.W.1 took their son Bobby, P.W.1 took her youngest son, and P.W.1’s mother took Balakrishna. At the request of P.W.1, the accused carried the deceased on his shoulder. After reaching home, P.W.1 and others found the deceased and the accused missing. P.Ws.1, 4, 5 and others searched for them but could not find them during the night. The next morning i.e., on 14.06.2016, at about 8.30 a.m., P.W.1 came to know from the villagers that somebody had killed the deceased. She rushed to the spot and identified