MADRAS HIGH COURT
K. N. B. R., J
State rep. by the Deputy Superintendent of Police Embal Police Station Pudukkottai v. Samivel alias Raja
| Table of Content |
|---|
| 1. murder of a minor child with aggravated sexual assault. (Para 1 , 2 , 3) |
| 2. prosecution's evidence meets the burden of proof. (Para 5) |
| 3. defense challenges credibility of witnesses. (Para 6) |
| 4. trial court's assessment of circumstantial evidence. (Para 7 , 8 , 14) |
| 5. death penalty justified due to heinous nature of the crime. (Para 19 , 35) |
| 6. conclusion: conviction and sentence upheld. (Para 37 , 38) |
1. This case is arising out of murder of a victim child aged about 7 years, who belonged to Scheduled Caste community and was done to death after an aggravated penetrative sexual assault on the deceased victim child (hereinafter referred to as 'the deceased child').
2. The case of the prosecution is that the complainant Nagooran, (P.W.1), who is the father of the deceased child had entered into a marriage with the 3rd wife, namely, Selvi, a mentally retarded and out of the said marriage, two children were born, one is the deceased child and another one was aged about 5 years. The accused had developed friendship with the deceased child to fulfil his sexual desire. On 30.06.2020 at about 3:00pm, in order to satisfy his lust, he had taken the deceased girl to the Kali Templ

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