BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT RESERVED ON : 31.10.2022 DELIVERED ON : 08.11.2022 CORAM :

THE HONOURABLE MRS. JUSTICE J.NISHA BANU and THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH Crl.A(MD)No.264 of 2022 Subbaiah .. Appellant/ Sole Accused Vs.

State rep. by, The Inspector of Police, Seidunganallur Police Station, Thoothukudi District.

(Crime No.219/2012) .. Respondent/Complainant PRAYER: Criminal Appeal filed under Section 374(2) of Criminal Procedure Code, 1973, against the judgment and order, dated 04.12.2014 in S.C.No.112 of 2013 passed by the learned Sessions Judge, Mahalir Neethimandram, (Fast Track Mahila Court), Thoothukudi.

For Appellants : Mr.A.Saravanan For Respondent : Mr.A.Thiruvadi Kumar Additional Public Prosecutor

JUDGMENT

J.NISHA BANU,J.

and N.ANAND VENKATESH, J.

This appeal has been filed against the judgment and order passed by the learened Sessions Judge, Mahalir Neethi Mandram (Fast Track Mahila Court), Thoothukudi in S.C.No.112 of 2013, dated 04.12.2014, whereby the appellant was convicted and sentenced in the following manner:

2. The case of the prosecution is that the victim girl, who th was studying in the 7 std at John’s Girls Higher Secondary School, Nazareth, was walking from her house inorder to board the train and go to her school at Nazareth. The further case of the prosecution is that the appellant followed her and in a secluded place, the victim girl was dragged to the south east of the Thathankulam railway station and thereafter, the appellant is said to have removed the undergarments of the victim girl and committed sexual assault on her. Since the girl was raising an alarm, the appellant is said to have strangulated her on her neck and causing the instantaneous death of the victim girl.

3. P.W-1, who is the grandfather of the deceased girl, found that the friends of the victim girl viz., P.W-3 to P.W-5 had returned home after attending the school and whereas the victim girl did not reach home. This was informed by P.W-1 to P.W-2, who is the mother of the deceased and both of them started searching for the victim girl. Hence, a complaint (Ex.P1) came to be lodged before the respondent police and a 'girl missing' FIR (Ex.P11) came to be registered in Crime No.219 of 2012 at about 9.45 p.m. The next day, an information was received to the effect that the dead body of the girl was found 300 metres away from Thanthankulam railway station. On information, the police also came to the scene of crime and an inquest was conducted and the spot mahazar was prepared and material objects were seized.

4. An alteration report was prepared and the offence was altered to Section 302 of IPC and the same was sent to the Judicial Magistrate,Thiruvaikundam at about 12.15 noon. The investigation was taken up by P.W-20 and a final report came to be filed before the Judicial Magistrate, Thiruvaikundam. The copies were served to the appellant under Section 207 Cr.P.C. and the case was committed under Section 209 Cr.P.C. To the Principal District and Sessions Judge, Thoothukudi. Thereafter, the case was made over to the Court below. The Court below framed charges against the appellant for offence under Sections 376 and 302 of IPCand Section 8 of the POCSOAct. The prosecution examined P.W-1 to P.W-20 and marked Exhibits P1 to P17 and identified and marked M.O.1 to M.O.17. One document was marked on the side of the defence which is the biological report. The incriminating materials collected were put to the appellant when he was questioned under Section 313 (1) (b) Cr.P.C, and the same was denied as false. 5. The Court below on considering the facts and ci