The higher court established that emotional turmoil from familial disapproval, rather than direct actions of the accused, predominantly led to the minor's suicide, rendering the convictions unjust.

JUDGMENT

This Criminal Appeal is filed by the Appellants/Accused Nos. 1 and 2, seeking to set aside the judgment dated 05.01.2017 passed in Special Sessions Case No. 7 of 2016 on the file of the learned Sessions Judge, Fast Track Mahila Court, Dharmapuri.

2. The case of the Prosecution, as could be culled out from the deposition of P.W-1, is as follows:-

2.1. P.W-1 is the father of the deceased. According to P.W-1, the deceased is his second daughter and she was studying Higher Secondary (+2) in Mallupatti. It is his statement that the first Accused used to follow his daughter when she goes to the School and comes back. According to P.W-1, the first Accused has given a love letter to his daughter and when she refused to receive it, she was compelled by the first Accused to receive the love letter failing which he will make a false propaganda in the village that he had raped her. When this was informed to P.W-1 and given the love letter, he consoled the deceased and asked to concentrate on her studies. P.W-1 also went to meet the Accused Nos. 1 and 2 in their house, but he was informed that they have gone to Bangalore and not available there. On coming to know about the visit of P.W-1 to their house, the second Accused, who is the mother of the first Accused, went to the classroom where the deceased was studying and reprimanded her as to why the love letter given by her son was disclosed to P.W-1. The second Accused also scolded the deceased in filthy language in front of the students and Teachers which had caused shame to the deceased. Therefore, the deceased left the School along with Ajithkumar, the son of brother of P.W-1, who is also studying in the same School. On coming to know about this, P.W-1, along with his son Mani and the above said Ajithkumar went to the Police Station and given a complaint. Thereafter, the deceased refused to go School. Since P.W-1 and his wife have to go to Palacode, the deceased was left in the house of his grandparents. When the deceased was in her grandparent's house, the second Accused went there and scolded the deceased in filthy and vulgar language. Unable to bear the same, the deceased left her grandparents, went to her house where she poured kerosene on her and immolated herself. Immediately, the deceased was taken to the hospital in an ambulance by the brother of P.W-1. On intimation, P.W-1 rushed to the hospital where he saw that a dying declaration was recorded by the learned Judicial Magistrate in front of the Police Officials. After recording the dying declaration, it was shown to P.W-1 and he also signed it. The deceased was in the hospital for about 5 days and inspite of treatment, she died.

2.2. In the meantime, based on the dying declaration obtained from the deceased, a case in Crime No. 238 of 2015 was registered on 02.11.2015 for the offences punishable under Sections 11 and 12 of the Protection of Children from Sexual Offences Act, 2012 . On receipt of a copy of the First Information Report, P.W-27 proceeded to the Government Medical College Hospital, Dharmapuri, where she recorded the statement of P.W-1, his wife P.W-2, Mani (P.W-3), brother of P.W-1, Chinnadurai (P.W-4), Palanisamy (P.W-5) and Elavarasi (P.W-6). On the next day i.e., 03.11.2015, P.W-27 proceeded to the scene of occurrence and prepared Observation mahazar. She has recovered the empty kerosene Can in the presence of P.W-7-Karupannan and one Murugesan. Thereafter, P.W-27 proceeded to the house of the Accused and arrested both of them. After their arrest, P.W-27 recorded the voluntary confession statement given