Raju, J. - (1.) The appellant, who was able to escape from the long arm of law due to his acquittal by the trial Court was soon made to realise that the sword in the hands of justice never fails to vindicate itself in preserving ultimately law and order in the society when he was indicted for offences under Sections 376, 392 and 302, I.P.C. and imposed with punishments of imprisonment for life under Section 302, I.P.C and rigorous imprisonment for seven years each on the other counts, to run concurrently.
(2.) The case of the prosecution is that on 16-9-1994 at about 5.30 p.m., the appellant, representing himself to be the husband of one of the sisters of Gracy, the deceased went to St. Mary's Convent, Vandoor, where she was employed as Kitchen maiden and on a false pretext that her mother was ill seriously and had been admitted to Medical Trust Hospital, Ernakulam, took her away with the permission of PW-5, the Sister in-charge of the Convent at the relevant time. The further case is that the appellant after taking the victim out of the Convent, had her walk along with him by the side of the Railway Line in Koratty and thereafter at a desolate place not only raped and robbed her of her ornaments, but laid her on the Rail track to be run over by the passing train.
(3.) On 17-9-1994, PW-2 the key man attached to Karukutty Railway Station, found the dead body of a female on the up track railway line and informed PW-1 the Station Master, who, in turn brought it to the notice of Koratty Police Station as per Ex. P-1 on which PW-28 the Head Constable, registered an FIR in Crime No. 166/1994 under the caption "unnatural death." An inquest was held over the dead body and along with the findings in the inquest report, a brown blouse, a white brassier, a brown polyester sari with blue and green design and two under-skirts, one blue in colour and the other green were also seized, besides taking photographs of the dead body. The autopsy was done by PW-10, the Lecturer and Police Surgeon attached to the Forensic Department of Medical College, Trichur, on 20-9-1994 and he submitted his report under Ex. P-4.;