J U D G M E N T

This Criminal Appeal has been preferred against the Judgment and Conviction dated 24.07.2005 passed by the learned Sessions Judge, Magalir Neethimandram, (Fast Track Court) Thiruvarur in S.C.No.113 of 2014 dated 24.07.2015 convicting the Appellant/Accused for the offence under Section 376 of IPC and sentencing him to undergo R.I. for a period of seven years and to pay a fine of Rs.5000/- in default to undergo Rigorous Imprisonment for a period of six months.

2. The facts as revealed from the prosecution witnesses and other materials are as under :

i) On 18.8.2012, at about 11.00 pm, a complaint, Ex.P1 came to be filed by one Thiyagarajan (PW1) contending that himself and his wife had gone to a temple on 18.8.2012 leaving their daughter Mahalakshmi (the deceased) at home and when they were on their way back to home after worshipping, one Mani son of Ekambaram (accused) had informed them that their daughter had committed suicide by hanging by herself and he had admitted her in a private hospital and accordingly, they rushed to Thiruvarur Medical Centre where, they were informed by the Doctor that their daughter died and thereupon, they have taken their daughter to the Government Hospital, Thiruvarur in an ambulance where, the Doctor, who was on duty, had declared that their daughter was brought dead and made arrangements for keeping the body in mortuary and thereby, PW1 had sought to conduct enquiry and take action for the death of their daughter.

ii) The Special Special Sub Inspector of Thiruvarur Town Police Station (PW11), on receipt of the complaint, registered the same in Crime No.449 of 2012 under Section 174 Cr.P.C. in F.I.R. - Ex.P6. On 19.8.2012, PW1 had handed over the dead body to the relatives on completion of the post mortem and submitted the case records to the Inspector of Police, Vadapathimangalam, who was in charge of the Station.

iii) The Inspector of Police, P.W.12, who took the case for investigation, visited the scene of occurrence on 19.08.2012 at 6.00 am and prepared observation mahazar (Ex.P2) and Rough Sketch (Ex.P7). Thereafter, he had examined the witnesses viz., Murugan (PW9) and Manirao and recorded their statements. On the same day, P.W.12 had conducted inquest in the presence of Panchayatars and Ex.P8 is the inquest report. PW12 had sent the dead body for post mortem by deputing PW11. Thereafter, he had examined P.W.1 to P.W.9 and recorded their statements.

iv) PW1 being the father of the deceased deposed that he alongwith his wife had visited to a temple on the date of occurrence viz., on 18.8.2012 and while returning from the temple, the accused had informed them that their daughter had committed suicide and had admitted her in a private hospital and by arranging an auto for them, he had asked them to go to Thiruvarur Medical Centre and accordingly, they rushed to the said hospital where, they were informed that their daughter died and thereafter, they took her to the Government Hospital where also, she was declared dead. He further says that thereafter, they returned to their home and on the next day, he had lodged the complaint, Ex.P1.

v) PW2 is the brother of the deceased. He speaks in his evidence that he is staying at Nagapattinam and is working in a Hotel. His evidence is that on 18.8.2012, he went for his duty and on return, he came to know about the death of his sister by 10.00 pm and thereupon, he went to see her and since the dead body was kept in mortuary, he could see it only on the next day. His further evidence is that a few days prior to the occurrence, his mother and her sister-deceased had come to his house and her sister took him away from their mother and informed that the accused had been teasing her when she goes to college and giving trouble to marry him for which, PW2 had pacified her by saying that he would resolve it by conveying the same to the parents of the accused. He also speaks in his evidence that fifteen days prior to that, the accused himself had infor