The prosecution must prove the accused's guilt beyond a reasonable doubt, and reliance on circumstantial evidence requires an unbroken chain that contradicts innocence.

JUDGMENT

K. V. Jayakumar, J.

This appeal is preferred by the sole accused in S.C. No.258/2013 of the Additional Sessions Court-I (Special Court), Pathanamthitta. The appellant stood for trial for the offences punishable under Sections 449 , 394, 397, 376, 201 and 302 of the Indian Penal Code .

2. The learned Sessions Judge found the accused guilty of the offences punishable under Sections 449 , 394, 397, 201 and 302 of the Indian Penal Code , convicted and sentenced him in the following manner:

1. Imprisonment for life and to pay a fine of Rs. 50,000/- with a default clause under Section 302 IPC .

2. Rigorous imprisonment for a period of five years and to pay a fine of Rs. 5,000/- with a default clause under Sections 449 and 394 of IPC each.

3. Rigorous imprisonment for a period of seven years and to pay a fine of Rs. 5,000/- with a default clause under Section 397 of IPC .

4. Rigorous imprisonment for a period of three years and to pay a fine of Rs. 3,000/- with a default clause under Section 201 of IPC .

However, he was acquitted of the offence punishable under Section 376 IPC . It is further directed that the substantive sentences of imprisonment shall run concurrently.

The Prosecution case

3. The prosecution case is that on 01.05.2010 at about 8.45 p.m., the accused, with the intention of committing robbery, trespassed into the house of Rachel Samuel (deceased) and attacked her with a stick. When she became unconscious, the accused committed theft of a gold chain weighing one sovereign, ear studs weighing 3.5 grams, a gold chain weighing 4 1⁄2 sovereigns, a gold cross weighing 8.5 grams, and a gold bracelet weighing 16 grams, all of which were kept inside a cupboard. The prosecution further alleges that he stole a sum of ₹2,000/- that had been kept under the cot. After committing the robbery, the accused carried Rachel Samuel to the backyard of the residence and, after laying her on the ground, committed rape and thereafter committed her murder by strangulating her with a towel. Thereafter, the accused, in order to destroy the evidence, had thrown away the emergency lamp, keys, kitchenware, etc., taken from the residence of Rachel Samuel and the towel used for strangulation into the well situated in the courtyard.

4. PW1 (K. G. Yohannan), lodged Ext. P1 FIS on 04.05.2010 before the Pulikeezhu Police Station. On the basis of Ext. P1 FIS, PW24 (K.S. Vijayan), Sub-Inspector of Police, Pulikeezhu Police Station, registered Ext.P22 FIR. Thereafter, PW22 (R. Jayaraj), Circle Inspector, Thiruvalla, took up the investigation on the same day itself. He visited the place of occurrence, conducted the inquest, and prepared Ext. P2 Inquest Report. As per Ext.P2, he seized the clothes, hair, turkey towel, etc., from the place of occurrence.

5. Thereafter, PW22 had examined the house wherein the incident occurred. He had seized a lady's watch, spectacles, and the cover of a medicine, namely Atorlip, which were found on the table. He has further seized a yellow plastic rope from the bathroom, food particles, Malayala Manorama daily of 01.05.2010, 03.05.2010 and 04.05.2010 found in the hall. A shield, key of the front door, a key of the Maruti 800 Car,