ARUNKUMAR @ ARUN Vs. STATE

JUDGEMENT

(1.) This Criminal Appeal is against the Judgment of the II Additional District Judge, Mahila Court, Tiruppur made in S.C. No. 125 of 2014 convicting and sentencing the appellant/accused to undergo 10 years RI and a fine of Rs. 5,000/- with usual default clause for the offence under Section 449 IPC; life imprisonment and a fine of Rs. 5,000/- with usual default clause for the offence under Section 376 (A) IPC and life imprisonment with a fine of Rs. 5,000/- with usual default clause for the offence under Section 302 IPC.

(2.) The case of the prosecution is that on 03.11.2013 at about 3 p.m, the accused with intend to rape and murder, the minor girl Pushpalakshmi trespassed into her house. During the absence of her parents raped her and when she raised alarm for help he shut her mouth and nose with her shawl and also pressed her neck and murdered her.

(3.) The accused used to visit the land of P.W.1 and on the date of occurrence, he came and talked with P.W.1 and P.W.2 and P.W.1's father, P.W.4. Victim's parents P.W.1 and P.W.2 left to hear a condolence nearby. P.W.4 also went to take rest. The victim minor girl went inside the house and at that time the accused entered into the room where the victim girl was. He committed rape on the minor girl. When she started shouting, he closed her mouth and nose with her shawl and he pressed her neck resulting her death. On hearing the sound of grand daughter, P.W.4 came and knocked the door. P.W.3 who came there to hand over the spanner on seeing P.W.4 knocking the door also attempted but in vain. He informed P.W.1 over phone and he also came within 15 minutes. The accused came out from the room locked inside with sweating. P.W.1 and P.W.2 went inside and saw her daughter lying on the ground semi undressed. She was taken to Dr. Thamaraiselvan, P.W.8. He declared the victim dead. Then they came back home.