State of Kerala Vs Govindaswamy 17122013 KERHCK131188COM900643

MANU/KE/1234/2013
Equivalent/Neutral Citation: ILR2014(1)Kerala141
IN THE HIGH COURT OF KERALA

D.S.R. No. 3 of 2011, Crl. Appeal No. 149 of 2012 and Crl. M.C. No. 125 of 2012
Decided On: 17.12.2013
State of Kerala Vs. Govindaswamy
Hon'ble Judges/Coram:
T.R. Ramachandran Nair and B. Kemal Pasha, JJ.
Counsels:
For Appellant/Petitioner/Plaintiff: Sri A. Suresan, Public Prosecutor
For Respondents/Defendant: Sri T.A. Shaji, Senior Advocate, Sri B.A. Aloor, Sri P.A.
Sivarajan, Sri E. Shanoj Chandran, Sri P.C. Georgekutty and Sri K.I. Togi
JUDGMENT
B. Kemal Pasha, J.
1 . Facts are stranger than fiction! Gone are the days of men rising to the occasion as
heroes or warriors to save fellow human beings from danger! The lethargic lukewarm
attitude, the insensitivity to respond, and selfishness to be non-responsive from the part
of the fellow passengers of a running train to extend a helping hand, to lift a girl from
danger, has resulted in a grave tragedy as the one in this case! How cruel is the attitude
of a section of the community, who even dissuade willing persons to respond to such
cries for help? It is all the more tragic and pitiable to note the lukewarm attitude of the
Indian Railways towards the safety and security of women passengers!
2. The factual matrix depicts severe sexual assault, robbery, and murder of a poor girl
of 23, who had to travel by the ladies compartment of a passenger train, with the sweet
dreams of her proposed marriage alliance. The girl, who wanted to have a safe journey,
unfortunately opted for the ladies compartment, which ultimately turned out to be her
graveyard. The girl became lonely for her continued journey to the destination for just
about 10 minutes, became virtually trapped in it. A dare criminal, who is a monstrous
creature in the form of a sex perverted assailant, barged in to the compartment, and
pounced upon her in order to satisfy his lust and also for robbery. She was attacked,
overpowered, assaulted, and the dangs dived!
3 . As per the directives of the Apex Court, in all rape trials, anonymity of the victim
must be maintained as far as necessary. Therefore, we refer the victim girt in this case
as 'the deceased' or 'deceased girl' or 'the girl' or 'the victim', in accordance with the
context.
4. Deceased girl, aged 23, hailing from a poor family at Shornur got a small job at an
institution named 'Homestyle Interiors (Pvt.) Ltd.' functioning at the Oberon Mall,
Edappally, Ernakulam. She and her family consisting of her younger brother and their
mother were eking their livelihood from the monthly salary of ' 6000 being earned by
her. Once in a while, during holidays, she used to go to her house at Shornur by the
Ernakulam-Shornur passenger train, which leaves Ernakulam by 5.30 p.m.
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5. During the course of her employment, she got acquainted with P.W. 76, a 24-year-
old young man employed at Ernakulam, who is the friend of some of her co-workers.
They liked each other and he proposed her. Both the families also concurred to have
such an alliance and thereby they decided to conduct a ceremony for fixing their
betrothal at the house of the deceased on 2-2-2011. P.W. 76 along with his family
members were scheduled to visit the house on that day, and therefore, the presence of
the deceased was also required there.
6. The deceased bordered the ladies division in the last compartment of the Ernakulam-
Shornur Passenger Train, which started at 5.30 p.m. on 1-2-2011, to Shornur, with Ext.
P-25 ticket, from the Ernakulam Town North Railway Station. P.W. 3 Rejula, her
daughter, her mother and her granddaughter were also present in that ladies division
along with the deceased. The deceased got friendly with them within a short time. When
the train reached Thrissur, most of the passengers in that ladies division got down.
Another lady also who was present in that ladies division got down when the train
reached Wadakkanchery. There, P.W. 3 got down at the platform, purchased milk for the
child from the Milma booth there, and got back to the compartment. At that time, she
could notice the hungry look stared at her by the accused, who was standing outside
the compartment and by peeping through the window. When the train reached
Mulloorkara, P.W. 3 and her family also got down there. As there was nobody else in
the ladies division of that compartment, the deceased also got down along with them
and hurriedly made an entry into the ladies coach attached just in front of that last
compartment. The train reached Vallathol Nagar Railway Station, where it lay idle for
some time.
7. The prosecution case is that the accused who is a habitual offender, could notice that
the deceased was left alone in the compartment. When the train left Vallathol Nagar
Railway Station, and moved towards Shornur, the accused swiftly hoisted into that
ladies compartment, and rushed to the victim. The screaming victim frantically ran here
and there in a fury in the limited space available in the compartment, in order to escape
from the clutches of the accused. She resisted and resisted hard. She was caught and
her head was forcibly hit repeatedly on the walls of the compartment. On sustaining
fatal injuries, she became dazed and practically immobilized. Her loud cries and
screams died down in the compartment as wild cries. She was dropped from the
running train down to the track. The side of her face forcibly hit on the crossover of the
railway line.
8. The accused, who is experienced in that way of doing things, jumped down from the
running train on the other side, rushed to her, and lifted her to a shady safe place at the
side of the track. He hurriedly tore away and removed her dress, and raped the poor girl
whose face was with full of blood, oozing out from the injuries on her head and face.
He acted as a necrophilia. After satisfying his lust, the accused ransacked her
belongings, searched for the valuables in her bag, and robbed her mobile phone which
was the only valuable material with that poor girl, and decamped with the booty, by
leaving the victim in nudity, in supine position.
9 . P.W. 4 and P.W. 40, who were two male passengers of the train travelling by the
general compartment attached in front of that ladies compartment wherein the deceased
was travelling, heard the cries of the deceased. Even though P.W. 4 wanted to pull the
alarm chain to stop the train, he was dissuaded by a middle-aged man who was
standing at the door at the right rear side of that compartment by stating that the girl
had jumped out and escaped, and further by warning that he should not drag others
unnecessarily to court. P.W. 4 and P.W. 40 could notice the accused coming to the front

left door of that ladies coach, and by holding on the side bar of the compartment
getting down to the lower step by taking a leaning position forward to jump out of the
train which was then moving in a slow speed, just about 15 km/h. Even though P.W. 4
questioned the acts of the accused, he jumped down, safely landed on his feet and right
palm, swiftly sprang up, and took his way back through the side of the track, towards
the direction from which the train came.
10. Within a short span of 10 minutes, the train reached Shornur. Immediately P.W. 4
and P.W. 40 rushed to P.W. 34 guard of the train and complained about the incident,
which triggered in the search of the track by some young men of the locality, and P.W.
19 Gang-man of the Vallathol Nagar Railway Station. Some of the young men who came
for search could see the accused coming from the railway track to the Kalamandalam
Bus Stop. The accused was seen panting. The accused attempted to hire an
autorickshaw, as if he wanted to go to Shornur or Thrissur. Even though they suspected
the accused as a person who fell down from the train, they let him go on noticing that
his left palm was amputated, and thought him to be a person engaged in begging in
trains.
11. Thereafter, all of them engaged in a search at the railway track, and ultimately, by
about 9.30 p.m., the distorted and mutilated body of the deceased which was in almost
naked state could be traced out from the side of the railway track wherein she was
subjected to rape. The deceased was seen fighting for her life and was seen moving her
right hand and right leg. Blood was seen oozing out from the injuries on her face and
head. There was difficulty to breathe and the breathing produced a peculiar sound on
account of the obstructions on the airway as blood aspirated into it. By that time, the
left side of her body had become paralytic.
12. P.W. 19 took the deceased to the Shornur-Thrissur road, from where the deceased
was taken to the Taluk Hospital, Wadakkanchery by the police jeep which came in pilot
duty to the Minister, who was proceeding to Shornur. P.W. 62 Junior Medical Consultant
on duty at the Taluk Hospital, Wadakkanchery, who examined the deceased by about
10.30 p.m. realised that she was critically ill and was very serious, and she was
immediately referred to the Medical College Hospital, Thrissur. She was taken to the
casualty of the Medical College Hospital, Thrissur, by the very same jeep. Several
medical experts attended her. Gynaec consultation was also done.
13. On the basis of Ext. P-8 First Information Statement furnished by her brother P.W.
6 at 2.30 a.m. on 2-2-2011, P.W. 46 ASI of police, Cheruthuruthy Police Station
registered Crime No. 41/2011 of the Cheruthuruthy Police Station U/Ss. 307 and 376
IPC, through Ext. P-40 F.I.R., at 3.30 a.m. On 2-2-2011 at 4 a.m., P.W. 81 C.I. of
Police, Chelakkara, took over the investigation.
14. Surgical operations were done on her, and all sorts of possible medical assistance
and supports were given to the deceased. Even after that, her condition never improved,
and she continued in the ventilator in very critical condition. By 6-2-2011, her condition
became very bad and peripheral pulses were not felt. In the last consultation by P.W. 79
Neurosurgeon at 2.30 p.m. on 6-2-2011, E.C.G. was found to be flat line, B.P. was not
recordable, and cardiac sounds were not heard. Finally, her ordeals were over, when
her death was declared at 3 p.m. on that day.
15. P.W. 81 along with C.W. 137 H.C., C.W. 136 H.C. and P.W. 73 W.P.C. reached the
Shornur Railway Station at 4 a.m. on 2-2-2011 itself and examined the ladies
compartment No. 08495 of Ernakulam-Shornur Passenger Train in which the deceased

had travelled on the date of incident. From the floor, beneath the wash basin near to the
front door of the bogie, M.O. 19 series pieces of hair clip, M.O. 23 steel coloured ring of
a key chain, M.O. 24 glass type transparent bead, M.O. 31 plastic button having yellow
colour on one side, and M.O. 30 series of three pieces of broken button having violet
colour with writings as 'double', one of which contained thread also, were found, and
the same were seized through Ext. P-37 mahazar.
16. P.W. 52 collected the materials lying scattered at the place where the deceased was
found lying at the railway track, and he kept it in safe custody. On 2-2-2011 at 8 a.m.,
P.W. 52 produced all the said 21 items which are M.O. 2, M.O. 7 to M.O. 13 series, M.O.
16, M.O. 21, M.O. 22, M.O. 25 series, M.O. 26, a puppet, two artificial ear studs, M.O.
34 to 38 and Ext. P-25 ticket of the deceased, at the Cheruthuruthy Police Station,
before P.W. 81, which according to his direction, were seized by P.W. 46 through Ext.
P-31 mahazar.
17. On getting the report regarding the death of the deceased at 3 p.m. on 6-2-2011,
P.W. 81 reached the Medical College Hospital, Thrissur, conducted the inquest, and
prepared Ext. P-36 Inquest Report. He gave requisition for the post-mortem
examination.
18. On 7-2-2011, P.W. 64 Professor and Head of the Department of Forensic Medicine,
Medical College, Thrissur conducted the post-mortem examination on the body of the
deceased, with the assistance of five other doctors namely Dr. A.K. Unmesh (D.W. 1),
Dr. P.S. Sanjay (C.W. 119), Dr. Rajendra Prasad, V.K. (C.W. 120), Dr. Anand, T.P.
(C.W. 121) and Dr. Shahida, M.V. (C.W. 122), and thereafter P.W. 64 issued Ext. P-69
post-mortem certificate. P.W. 64 produced the nail clippings and pubic hair samples,
which P.W. 81 seized through Ext. P-74 mahazar.
19. P.W. 63 Dy. S.P. in Palakkad Railway, got a message during the dawn of 2-2-2011
for enquiring about a Tamil speaking one handed man, who is the suspect in Crime No.
41/11 of the Cheruthuruthy Police Station. On the basis of such message, while he
along with the police party was in search of such a person, they could see the accused,
who is a person corresponding to the descriptions received, in suspicious circumstances
in front of the bus stand situated in front of the Palakkad Railway Station, by about 11
p.m. He was seen dressed in M.O. 5 lungi and M.O. 6 shirt. Bloodstain was seen at the
chest portion of M.O. 6 shirt Buttons of the shirt were seen detached and lost. From his
conduct and words, P.W. 63 developed a strong suspicion about his involvement in the
crime. He took him into custody and produced him at the Cheruthuruthy Police Station
at 1 a.m. on 3-2-2011, and handed over him to P.W. 81, for further investigation.
2 0 . Major part of the investigation was conducted by P.W. 81, which followed the
investigation by P.W. 82. P.W. 82 completed the investigation, and filed the final Report
before the Judicial First Class Magistrate's Court, Wadakkanchery, where it was taken on
file as C.P. No. 30/2011. The learned Magistrate committed the case to the Court of
Session, where it was taken on file as Sessions Case No. 345/2011, and the same was
made over to the Additional Sessions Court (Ad hoc-I), Thrissur for trial and disposal.
21. On the side of the prosecution, P.Ws. 1 to 83 were examined, Exts. P-1 to P-101
were marked, and M.Os. 1 to 43 series were identified. The prosecution and the accused
were heard. As no grounds were made out to acquit the accused under Section 232
Cr.P.C., the accused was called upon to enter on his defence. On the side of the
accused, D.W. 1 was examined, and no documents were marked.
22. On reopening the evidence, D.W. 1 was again summoned and examined as C.W. 1,

and Exts. C-1, C-2, and C-2(a) were marked. Arguments of the Prosecution and the
defence were heard. The court below found the accused guilty of the offences under
Sections 376, 302, 394 r/w 397, and 447 IPC, and convicted him thereunder. On
hearing on the question of sentence, P.W. 83 Sub Inspector, Fingerprint Bureau,
Chennai was summoned and examined, and Exts. P-93(c), and P-102 to P-110 were
marked. Again, arguments from both sides were heard.
23. The court below sentenced the accused to death by directing that he be hanged by
the neck till he is dead, and to pay a fine of ' 1,00,000 (Rupees one lakh only), in
default, to undergo Simple Imprisonment for 2 (two) years under Section 302 IPC,
Imprisonment for Life and to pay a fine of ' 1,00,000 (Rupees one lakh only), in default,
to undergo Simple Imprisonment for 2 (Two) years under Section 376 IPC, Rigorous
Imprisonment for 7 (seven) years and to pay a fine of ' 1000 (Rupees one thousand
only), in default, to undergo Simple Imprisonment for 1 (one) month under Section 394
r/w 397 IPC, and Rigorous Imprisonment for 3 (three) months under Section 447 IPC,
through the impugned judgment.
24. The learned Additional Sessions judge has placed the entire proceedings in this
case before this Court for confirmation under Section 366(1) of the Cr.P.C., and hence
this Death Sentence Reference No. 3 of 2011. Challenging the conviction and sentences,
the accused has preferred Crl. Appeal No. 149 of 2012 also.
25. D.W. 1 Dr. A.K. Unmesh, as petitioner, has preferred Crl. M.C. No. 125 of 2012 for
getting the remarks and observations as against him in paragraphs 85, 86, 88, 89 and
155 in the judgment impugned in Crl. Appeal No. 149 of 2012, expunged. Over and
above it, the said petitioner as appellant, has preferred Crl. Appeal No. 1996 of 2011
under Section 341 of the Cr.P.C., challenging order dated 31-10-2011 passed by the
court below in Crl. M.C. No. 1647 of 2011 in S.C. 345 of 2011.
26. As the facts relating to, and the evidence in respect of D.S.R. No. 3 of 2011, Crl.
Appeal No. 149 of 2012, and Crl. M.C. No. 125 of 2012 are interconnected, we deem it
appropriate to dispose of the same through this common judgment. Crl. Appeal No.
1996 of 2011 filed under Section 341 of the Cr.P.C. can be disposed of through a
separate judgment. As there are two different appeals in connection with this case, the
appellant in Crl. Appeal No. 149 of 2012 has been referred to as 'the accused' and the
petitioner in Crl. M.C. No. 125 of 2012, who is the appellant in Crl. Appeal No. 1996 of
2011 has been referred to as 'D.W. 1' in this common judgment.
27. Heard the learned counsel Sri B.A. Aloor appearing for the accused in Crl. Appeal
No. 149 of 2012 and the learned Special Public Prosecutor Sri A. Suresan. Heard the
learned Senior Counsel Sri T.A. Shaji appearing for the petitioner in Crl. M.C. 125 of
2012 and also Sri Kaleeswaram Raj, learned counsel appearing for the de facto
complainant in Crl. Appeal No. 1996 of 2011.
28. The learned counsel for the accused in Crl. Appeal No. 149/2012 has argued that
the court below has totally misread the entire evidence in the case and has failed to
appreciate the evidence in its correct perspective. It is also argued that an independent
appreciation of the entire evidence is required to be made by this Court in this appeal,
and if not, the accused would be put to substantial miscarriage of justice.
29. We are conscious of the fact that in terms of Section 366(1) of the Code,
When the Court of Sessions passes a sentence of death, the proceedings shall
be submitted to the High Court, and the sentence shall not be executed unless it

is confirmed by the High Court.
In Mohinder Singh v. State of Punjab MANU/SC/0069/2013 : (2013) 3 S.C.C. 294, it
was held as follows:
The scope and application of the above section is only in cases where a
sentence of death has been passed by the Court of Session. The Court of
Session should refer the proceedings to the High Court and the High court can
only deal with them as a court of reference. It is the practice of the High Court
to be satisfied on the facts as well as the law of the case, that the conviction is
right, before it proceeds to confirm that sentence. In other words, the High
Court has to come to its own independent conclusion as to the guilt or
innocence of the accused, independently of the opinion of the Sessions Judge.
In a reference for confirmation of death sentence, the High Court must examine
the entire evidence for itself independent of the Session Court's views. While
confirming the capital sentence, the High Court is under an obligation to itself
consider what sentence should be imposed and not be content with the trial
court's decision on the point unless some reason is shown for reducing the
same. Where, in addition to an appeal filed by an accused sentenced to death,
the High Court has to dispose of the reference for confirmation of death
sentence under Section 366 of the Code, the High Court, while dealing with
reference, should consider the proceedings in all its aspects and come to an
independent conclusion on the material on record apart from the views
expressed by the Sessions Judge. The confirmation of death sentence cannot be
based only on the precedents and/or aggravating facts and circumstances of
any other case.
30. In State of Tamil Nadu v. Rajendran MANU/SC/0606/1999 : (1999)8 S.C.C. 679, a
Three Judges Bench of the Apex Court held:
When a reference is made to the High Court under Section 366 of the Code of
Criminal Procedure by the learned Sessions Judge on passing a sentence of
death, the High Court has to satisfy itself whether a case beyond reasonable
doubt has been made out against the accused for infliction of the extreme
penalty of death. The proceedings before the High Court in such a case require
a reappraisal and reassessment of the entire facts and law so as to come to its
independent conclusion but while so doing, the High Court cannot also totally
overlook the conclusion arrived at by the learned Sessions Judge. In performing
its duty, the High Court is of necessity bound to consider the merits of the case
itself and has to examine the entire evidence on record.
31. Being the first appeal, and also as the matter is placed before this Court by the
court below for the confirmation of the death sentence, it is trite that this Court is
expected to make an independent appreciation of the entire evidence in this case. We
have heard in extenso all the counsel referred to above on most of the days for the
period from 5-10-2013 to 4-11-2013. Now, we are dealing with the evidence in this
case in order to have a reappraisal and reassessment of the entire facts and law so as to
come to an independent conclusion.
32. P.W. 16 is a Law Graduate and MBA Degree holder, working as H.R. Manager at
'Homestyle Interiors' functioning in Oberon Mall, Edappally, Ernakulam, where the
deceased was also working. On 4-3-2011, P.W. 82 produced before court, Ext. P-100
appointment order of the deceased obtained from 'Homestyle Interiors'. Ext. P-100 is

appointment order dated 3-11-2010 issued by the Managing Director of 'Homestyle
Interiors' functioning in Oberon Mall. It seems that she was appointed there as
'Merchandiser' with effect from 10-11-2010. The evidence of P.W. 16 and the contents
of Ext. P-100 clearly prove that the deceased joined that institution and worked there,
till 5 p.m. on 1-2-2011.
33. P.W. 16 lastly saw the deceased alive at 5 p.m. on 1-2-2011. She along with the
deceased was residing at 'S.I. Apartments', Alinchuvadu, where the accommodation was
provided by the said Company, in which they were working. The Company has
prescribed dress code, as cream coloured 3/4 sleeve shirt, black pants, black shoe etc.
Hair has to be clipped and net has to be put on. According to P.W. 16, as a function was
scheduled to be held in connection with the betrothal of the deceased on 2-2-2011, the
deceased obtained her permission and proceeded to her house by the Ernakulam-
Shornur Passenger Train. The deceased had worn a wrist watch having black coloured
strap and carried a black bag, when she left the Company lastly. Thereafter, she could
see the deceased at the I.C.U. of the Medical College Hospital, Thrissur, on the next
day.
34. The deceased is the elder sister of P.W. 6. According to P.W. 6, he was working as
a driver at a house at Thrissur. The deceased was working at an institution situated in
Oberon Mall, at Edappally, Ernakulam. She was staying in a flat of that Company. P.W.
18 is their mother. The deceased used to come home, by train. They are economically
weak. They were pulling on by the income of the deceased. By about 2.30 p.m. on 1-2-
2011, he had gone to the place of work of the deceased at Ernakulam. Then the
deceased had asked him whether she could also go along with him to their house. As
the family members of his employer would be there in the car, he could not
accommodate the deceased, and therefore, he told her to come by the evening train. By
about 7 p.m. on 1-2-2011, he had called the deceased over phone. Then she had told
him that the train was about to leave Thrissur, and that there was a family also in the
train.
35. According to P.W. 6, 8089783489 was the phone number of the deceased. The said
Sim card was taken in his name. On 2-11-2011 a function for fixing the betrothal of the
deceased was scheduled, for which, the people from the house of the proposed
bridegroom (P.W. 76) were scheduled to visit the house of the deceased, and it was for
that function, the deceased was coming to the house. 9539491343 is the mobile number
of their mother P.W. 18. Usually, the deceased used to get down at Shornur, and his
friend P.W. 36 used to pick her up from the Railway Station by his autorickshaw, to her
house. Usually, the deceased used to travel by the ladies compartment.
36. P.W. 18 is the mother of the deceased and P.W. 6. She is illiterate. Her husband
had deserted her and the children. Thereafter, by working as housemaid, she was eking
her livelihood and that of the children, and educated the children. The deceased got a
job at Ernakulam and was drawing a monthly salary of ' 6,000. As there was a function
in connection with the betrothal of the deceased, to be held on 2-2-2011, she had
called the deceased and asked her to come on 1-2-2011. Deceased started from
Ernakulam by the Ernakulam-Shornur Passenger Train at 5.30 p.m. on 1-2-2011 and
she had to get down at Shornur. After getting into the train, the deceased had called her
and told her that she had got into the train. After some time, the deceased gave her a
missed call thereby, she called back and talked for some time. When the train was
about to reach Mulloorkara, the deceased had called P.W. 18 and told her that she
would call again when the train would reach near Shornur. P.W. 18 used to go to the
Railway Station by the autorickshaw of P.W. 36, who is one of her neighbours, to fetch

the deceased. As she was not well, she had told P.W. 36 to go and pick up the deceased
from the Railway Station. P.W. 36 is the friend of her son P.W. 6. Even though she had
attempted to contact the deceased over the phone, she could not get connected.
Therefore, she called P.W. 36. She was told that when P.W. 36 called the deceased over
the phone, he could realise that the phone of the deceased was switched off. P.W. 36
told P.W. 18 that he would wait at the Railway Station and would pick up the deceased.
37. P.W. 36 is an autorickshaw driver residing at Shornur, in the neighbourhood of the
deceased. P.W. 18 is the mother of the deceased. He used to drop the deceased at the
Shornur Railway Station and also take her back to her house. On 1-2-2011, PW. 18 had
asked him to take the deceased from the Shornur Railway Station, by stating that the
deceased would be coming by the passenger train at 8.45 p.m., thereby he went to the
Shornur Railway Station with his autorickshaw.
38. P.W. 76 is an employee engaged in polishing works at an institution named 'Car &
Port' at Ernakulam. He knew the deceased, who was working at 'Homestyle' at
Ernakulam. A friend of the deceased, named Rafiqueth, is the friend of his elder brother
Pramod. Rafiqueth was also working along with the deceased at 'Homestyle'. He had
occasions to see the deceased along with Rafiqueth and Pramod and thereby he got
acquaintance with the deceased. They liked each other and decided to marry. He
informed the matter to P.W. 18 and P.W. 6, who are the mother and brother of the
deceased. They also liked it. His family members also liked the alliance. He along with
the members of his family, was scheduled to visit the house of the deceased by 4.30-5
p.m. on 2-2-2011.
39. According to P.W. 76, on 1-2-2011, the deceased started from Ernakulam to her
house at Shornur by the Ernakulam-Shornur Passenger Train at 5.30 p.m. The deceased
had contacted him over the phone and told him that she was going to her house. They
had contacted over phone 6-7 times during the said journey. Lastly, by about 8.30 p.m.
she had called him and informed that the train had reached Vallathol Nagar Railway
Station and told him that after 10 minutes the train would reach Shornur, and she
would call him on reaching her house, as the charge of her mobile was about to run
out.
40. According to P.W. 3 Rejula, a Muslim lady aged 36, on the date of incident, in the
evening she had travelled by the Ernakulam-Shornur Passenger Train along with her
mother, daughter and her one year old granddaughter, by the ladies compartment,
which was the last compartment. The deceased was also travelling by the said
compartment. The deceased got into the train from the North Railway Station,
Ernakulam. The deceased was sitting by her side. They talked each other. The deceased
had told her that her house is at Shornur and she was working at Ernakulam. When the
train reached Thrissur, most of the passengers got down and another lady who was
travelling by the said compartment also got down at Wadakkanchery. She also got down
there, purchased milk from the milma booth and again boarded the compartment. At
that time, she could notice the accused who was standing outside and peeping through
the window of the train, into the compartment. The accused stared at her with a hungry
look, and she complained about it to her mother. She identified M.O. 5 as the lungi, and
M.O. 6 as the shirt worn by the accused.
41. According to P.W. 3, when the train reached Mulloorkara, she and others got down
there. As the deceased became lonely in the compartment, she also got down and got
into the ladies compartment just in front of the guard room. There were no other
persons in that compartment also. According to her, the guard also could note down

them and the deceased. She identified M.O. 7 bag, M.O. 8 pants, M.O. 1 shirt and M.O.
9 watch worn by the deceased. Subsequently, she could identify the deceased as well as
the accused, on seeing the TV news regarding the incident.
42. P.W. 34 was a guard of the Passenger Train in Southern Railway. On 1-2-2011, he
was on duty as guard in Ernakulam-Shornur Passenger Train No. 56608. He signed on
duty on that day at 17.05 hours. The train started at 17.40 hours from the South
Railway Station, Ernakulam. The scheduled time for reaching Shornur was 21.20 hours.
On that day, it reached Shornur at 20.45 hours, i.e., 35 minutes ahead of the scheduled
arrival.
43. According to P.W. 34, the guard room in the said Passenger Train was in the last
compartment. The said compartment was divided into four divisions. The last division in
that coach is luggage room, the next to it is the ladies division, then next to it is the
guard room, and the next division in the front is the luggage and chest room. There is
another exclusive ladies compartment, attached just in front of that coach. The number
of the ladies coach in front of his coach, is 048495. On 1-2-2011 the train reached
Mulloorkara Station at 20.18 hours and Vallathol Nagar Station at 20.27 hours. When
the train stopped at Mulloorkara Station, some ladies who were travelling by the ladies
division in his coach, got down at the road side where there is no platform, and there
was a girl aged around 20 years, among them. The said girl rushed to the ladies coach
in front of it, and gained entry into it. The duration of the stop there is only for one
minute. Normally, no ladies would get down at the right side where there was no
platform and that was why he had noted it.
44. P.W. 4 is a resident of Konichira, Wayanad On the date of incident, in the evening,
he travelled by the said Train in the third compartment from the last, to Shornur for
catching the West Coast Express Train for going to Kozhikode, from there. As the train
was lying idle for some time at the Vallathol Nagar Railway Station, he was afraid that
the other train might go, and therefore, he took his bag and stood near the door and
looked at the guard who was in the last compartment. He could see the guard engaged
in some work along with a lady staff, near the guard room. At that time, the accused
came from his back and tapped on his shoulder, and asked for space to move. The
accused got down by murmuring something and went towards back, and was calling
somebody, as if he was searching for somebody in the ladies compartment, by peeping
into the ladies compartment. P.W. 4 was standing at the back door on the left side.
Then he could see the accused again coming back to the said compartment and getting
inside it, through the middle door of the compartment. He could notice that the left
palm of the accused was amputated at the wrist.
45. After some time, the train moved. Then P.W. 4 could hear the cry of a lady from the
ladies compartment next to it, at the back. Then he told P.W. 40 and others in the
compartment that cry of a lady was heard. They also heard the cry; but they could not
go back, as there was no passage to get into the next compartment. A middle-aged man
was seen standing at the right door at the rear side of that General compartment. When
P.W. 4 approached that man and told him about the cry, he told him that a girl had
jumped through the right door of that ladies compartment and she had escaped. When
he demanded to pull the alarm chain to stop the train, that man directed him not to
disturb other passengers and requested him not to drag them to court, by stating that
the girl had escaped. As that man got angry, P.W. 4 did not pull the chain and he again
went to the rear left door and stood there. When he looked back, he could see the
accused standing at the lower step of the front left door of the ladies compartment, and
attempting to jump down, by holding on the bar at the side the door with his right hand

and by leaning forward. He questioned the accused, and asked as to what he was going
to do. By answering that there was nothing, the accused jumped out and landed safely
by his feet and right palm on the ground, and then sprang up and walked towards back.
The train was in a slow speed. The accused was seen walking towards the Vallathol
Nagar Railway Station.
46. When the train reached Shornur Railway Station, P.W. 4 along with P.W. 40 rushed
to the guard and told the matter. The guard came out along with the boy carrying the
box. As per the direction of the guard, the said boy got inside the ladies compartment
and then got out, as he could not find anybody in it. Then they, along with the guard,
went to the R.P.F. office and told the matter. He and P.W. 40 gave their name, place and
phone number there. He and P.W. 40 exchanged their phone numbers also. By the West
Coast Express Train, he reached Kozhikode and then to his house by about 3.30 a.m. on
2-2-2011.
4 7 . P.W. 40 is a student residing at Parappanangadi and is also working as
Videographer at Poonam Media, Thrissur. On 1-2-2011, at 7.30 p.m. he got into the
Ernakulam-Shornur Passenger Train from Thrissur, for going to Shornur. He purchased
Ext. P-23 ticket from the Thrissur Railway Station. He was travelling by the last general
compartment in the train. The train reached Shornur at 8.45 p.m. The said general
compartment was the third one in the train from the rear end towards front. There was
a halt for the train for some time at Vallathol Nagar Railway Station. At that time, he
could notice the accused whose palm of the left hand was amputated, getting down
from the said bogie in which he was travelling. P.W. 4 was standing at the left rear door
of that compartment. It was after talking some thing to P.W. 4 that the accused got
down from that compartment. He could realise that it was something related to giving
way for him to get down. The accused was found dressed in M.O. 5 lungi and M.O. 6
shirt. After getting down from the compartment, the accused looked around and was
seen going towards the ladies compartment on the rear side. It was by about 8.30 p.m.
48. Thereafter, the train moved forward in a slow pace. When it covered some distance,
P.W. 40 could hear the cry of a lady from the ladies compartment at the rear side, just
adjacent to the compartment in which he was travelling. It continued for some time, for
about one minute. He told the matter to an aged couple who were sitting by his side
and they in return told him that they also heard it. Apart from looking each other,
nobody had reacted. A man, aged around 50 years, was seen standing at the rear right
door of that general compartment. He heard the said man telling P.W. 4 that a girl had
jumped out of the train and she had escaped. P.W. 4 had told him about the pulling of
the alarm chain. Then, that man objected it, by telling that unnecessarily P.W. 4 would
drag all of them to court. Again, P.W. 4 went to the rear left door which remained open.
By looking to the backside, P.W. 4 was seen talking to somebody. When he looked, he
could realise that P.W. 4 was talking to the accused who was standing at the front left
door of the ladies compartment at the rear side. He could hear P.W. 4 questioning the
accused as to who was he and as to what he had done and warning him by saying that
he would not let him go. By that time, the accused was seen getting down to the lower
step of the left door of the said ladies compartment by catching on the side bar of the
door with his right hand, by leaning forward. Then the accused jumped down to the
ground, and was seen walking through the side of the track, towards the direction from
which the train came.
49. The train passed through a bridge and then reached the Shornur Railway Station.
P.W. 40 along with P.W. 4 got down from the train and peeped into the ladies
compartment, from where the cry was heard by standing outside. They could not see

anybody. Immediately, they approached the guard of the train and told the matter. The
guard asked another staff to get into the said ladies compartment and to examine it.
After getting into the compartment and looking, the said staff came and reported that
there was nothing in the compartment. Thereafter, he along with P.W. 4 and the guard
went to the R.P.F. Office and informed the matter. The guard gave something in writing
there. P.W. 40 gave his phone number to P.W. 4 and in turn, he gave his phone number
to him. P.W. 4 gave those telephone numbers to the guard. Thereafter, he proceeded to
his house.
50. P.W. 38 is residing at Vallathol Nagar in Vettikkattiri. She could see the railway
track by sitting at her house. On 1-2-2011, by about 8-8.30 p.m., when she was sitting
at the sit out of her house, she heard the cries of a girl from the passenger train,
seeking for help. The said passenger train was going to Shornur, towards north. Her
house is situated 100 mtrs. towards north from the railway platform and 20 mtrs. away
towards west from the railway track.
51. The house of P.W. 39 is situated just adjacent to the western side of the Vallathol
Nagar Railway Station at Vettikkattiri. P.W. 38 is his neighbour. His house is situated
after 5-8 houses towards north from the house of P.W. 38, towards Shornur side. On 1-
2-2011 at 8.30 p.m., he saw the Ernakulam-Shornur Passenger going towards Shornur.
At that time, he was sitting at the sit out of his house. From the rear portion of the train
he heard the cry of a female as 'Aiyyo'. Even though he lighted the torch, by then the
train had moved away. Just at that time he could see an ambulance going towards
Thrissur, through the Highway. He thought that the cry was in connection with the
accident, which had occurred due to the explosion of gun powder at Thrangali. It was
only in the next morning he came to know that a girl was found lying just 600 mtrs.
away, towards Shornur side from his house, and that she was taken to the hospital.
52. According to P.W. 34, guard of the Ernakulam-Shornur Passenger Train, on 1-2-
2011, it reached Shornur at 20.45 hours, i.e., 35 minutes ahead of the scheduled arrival
time. The train stopped at platform No. 3 of the Shornur Railway Station. Immediately
P.W. 4 and P.W. 40 who were passengers of the train rushed to him and told him that
some time after the departure of the train from the Vallathol Nagar Railway Station, they
heard the cry of a girl from the coach attached behind their coach and that the girl
jumped out from that coach to the right side, and after some time a man jumped out of
that coach to the left side. His room was in the last compartment, and there is another
ladies compartment just in front of that coach. In front of that ladies compartment, it is
a general compartment in which P.W. 4 and P.W. 40 were travelling. He was informed
that it was from the ladies compartment attached in front of the last coach that the said
persons jumped out and therefore, he instructed the box boy on duty who came to take
the line box, to check up the said ladies compartment. After verifying whether anybody
was there in the ladies compartment, the boy reported that there was nobody in it.
53. P.W. 34 took P.W. 4 and P.W. 40 to the R.P.F. Station at the railway platform and
informed the matter there. The two policemen attached to the R.P.F., who were present
there, contacted the local police station over phone and informed the matter. P.W. 34
directly called Vallathol Nagar Station Master over the phone and informed to him also.
The Station Master replied that he would sent somebody to verify it. He noted down the
phone numbers of P.W. 4 and P.W. 40 and then he went to the Station room and gave a
written message to the Station Master on duty. The Station Master acknowledged its
receipt in the copy of the said message. Ext. P-30 is the attested copy and Ext. P-30 (a)
is the carbon copy of the message. Thereafter, he signed off through Ext. P-19. Ext. P-
21 is his sign on record at Ernakulam.

54. P.W. 71 was the Station Master at the Shornur Railway Station as on 1-2-2011. On
that date, he was on night duty from 8 p.m. onwards. Ernakulam-Shornur Passenger
Train arrived at the 3rd platform at the Shornur Railway Station at 8.45 p.m. Within a
short time, P.W. 34 who was the guard of the said train approached him and informed
that 2 to 3 passengers had told him that a woman and subsequently a man had jumped
out of the train after the train had left Vallathol Nagar Railway Station. P.W. 34
furnished a report and he had acknowledged in its carbon copy. He identified Ext. P-30
and Ext. P-30(a) as the said report and its copy. He gave information over the phone to
the Vallathol Nagar Railway Station Master, S.I. of Shornur RPF, and the Cheruthuruthy
Police Station. He gave message of the same over phone to Palakkad Section Controller
and Thiruvananthapuram Section Controller.
55. While P.W. 54 was working as Station Manager at Thrissur Railway Station on 2-3-
2011, he produced Ext. P-30(a) photocopy of the report furnished by P.W. 34, Ext. P-49
attested copy of the rough journal of the guard in Train No. 56608, Ext. P-50 attested
copy of CDO/CTR, Ext. P-52 attested copy of the combined signing off register of the
Ernakulam Railway Station. The same were seized by the police through Ext. P-48
mahazar in which he also had affixed his signature.
5 6 . P.W. 57 is the Divisional Operations Manager of the Southern Railway at
Thiruvananthapuram. He had verified and attested Exts. P-49 to P-52 and Ext. P-30 and
handed over it to P.W. 55 for handing over it to the police. Ext. P-30(a) is the carbon
copy of the report produced by P.W. 34, at his office on 24-2-2011. Its original given to
Shornur Railway Station by P.W. 34 had gone to Palakkad Division. Ext. P-30 is the
certified copy of Ext. P-30(a). He has produced the originals of Exts. P-49, P-50, P-51
and P-52 before the court below at the time of his examination with the request to
return it after verifying with the copies, as the originals were required for the day-to-
day use at the office.
57. On 1-2-2011, P.W. 27 was the Manager at the South (Junction) Railway Station,
Ernakulam. He produced Ext. P-21 copy of the 'signing on register' relating to Train No.
56608 'Ernakulam-Shornur Passenger', on that day. P.W. 34 was the guard on duty in
that train. P.W. 34 had signed on duty at 17.05 hours and that train left the Station at
17.35 hours. The signing on register contains the signature of P.W. 34.
58. On 1-2-2011, P.W. 25 was also a Station Master at the Shornur Railway Station. He
had produced Ext. P-19 attested copy of the 'sign off register relating to the Guard and
others of Train No. 56608. P.W. 34 was the guard and he had signed off at 21.15 hours
on that date. On that date, the train reached Shornur at 20.45 hours.
59. P.W. 23 is a Loco Pilot in Southern Railway, at Ernakulam. On 1-2-2011 he was the
engine driver in Train No. 56608, Ernakulam-Shornur passenger. Along with him, C.W.
19 was also employed as Assistant Loco Pilot. P.W. 34 was the Guard on duty in the
guard room of the train. On that date, the train started at 17.40 hours from the South
Railway Station, Ernakulam. It reached Shornur at 20.45 hours. The said train has stops
at all Railway Stations in the route. On that day, the train had a halt for three minutes at
500 mtrs. away prior to reaching the Vallathol Nagar Railway Station. Then the train
stopped at Vallathol Nagar Railway Station. Usually, it would stop there only for one
minute. On that date, it had to stop there for six minutes as the Travelling cash chest
had to be sealed at the guard room. The train started at 20.33 hours from the Vallathol
Nagar Station. On reaching Shornur, during rest time P.W. 34 had told him that two
passengers had told P.W. 34 that a girl had fallen down from the train, and the same
had to be verified. In cross-examination, he stated in evidence that the train was being

driven in a slow speed from Vallathol Nagar on that date, and the speed was only 15
km./h.
60. P.W. 42 is the Station Master at the Vallathol Nagar Railway Station. He was on
duty from 8 p.m. on 1-2-2011 to 6 a.m. on 2-2-2011. C.W. 19, a lady staff was also
present on duty along with him and she was on SCP duty. Her duties were to show the
flag to trains, to seal the chest of the passenger train and to handover memo to the
drivers etc. On that day, No. 56608 Ernakulam-Shornur Passenger Train arrived at the
Station at 8.27 p.m. and departed to Shornur at 8.33 p.m.
61. By about 9 p.m., P.W. 34 guard of that train called P.W. 42 from Shornur over the
railway phone and informed him that after the train had left Vallathol Nagar Station, a
lady had either fallen down or jumped out from the train and following that a man also
had jumped out of the train, and asked him to enquire about it. As there was no other
staff to enquire about it, he called P.W. 19 Gangman who was on off-duty, over phone
and informed the matter. P.W. 19 arrived there within a short time and called some
young men from the neighboring houses and went for a search. After searching for a
distance of more than one kilometre, he came back and reported that they could not see
anything. By about that time, P.W. 46 ASI of Cheruthuruthy Police Station came to the
Railway Station and they also could not find anything. P.W. 46 and the police party
returned to the Police Station.
62. P.W. 69 is a gold smith residing at Vettikkattiri. On 1-2-2011 till 8 p.m., he was
engaged in gold fabrication works at his house and thereafter he went to the house of
his friend PW. 21. After having a chat till 9.45 p.m., he was on his way back to his
house by lighting his torch. As he wanted to purchase a coupon for recharging his
mobile phone, he walked towards the shop of P.W. 72 situated at the opposite side of
the Kalamandalam bus stop. He was walking towards Shornur side, towards north,
through the railway track. On seeing the signal of a train passing towards Shornur side,
he moved away from the western track to the eastern track, and crossed it by lighting
the torch. When he turned towards north, he could hear a strong and strange breathing
sound as if children were breathing. He lighted the torch towards that direction which is
at the eastern side of the track. He could see a 20 year old woman lying in such a way
that her head was on the aggregates at the western side. Her left leg was folded and the
right leg was seen stretched and was rubbing on the ground. He could see socks on
both her feet Blood was seen all over her face. The shirt worn by her was unbuttoned
and was seen lifted up thereby exposing her breasts. There were no other clothes
beneath her waist.
63. P.W. 69 could see the light from a torch near the cabin situated towards north from
the place where he was standing and that somebody was seen approaching to that place
by lighting that torch. By that time, a train passed towards Shornur. He could see P.W.
5 and P.W. 48 coming over there by lighting the torch. He called them and showed the
girl who was lying. All of them became frightened on seeing her. They advised him that
they could move away without doing anything. He told them that they should try to save
the girl as she was alive. He told them to procure a cloth from somewhere. He stood
there. He could see a bag and black pants lying near the girl. A shuddy was seen
protruding from inside the pants. As the other two persons went away, he became
frightened. Guard Sreedharan's house is situated nearby, at the western side of the
track. He went to that house, where the wife of Sreedharan was present. He gave her
the information and told her to pass on the information to the Railway Station over
phone. His friend C.W. 31 is residing in the next house to that of Sreedharan. He went
over there, called C.W. 31, passed on the information, and they together came back to

the place where the girl was lying. C.W. 31 had passed on the information over the
mobile phone to P.W. 33 and P.W. 19, and called them. By the time they reached near
the girl, P.W. 48 and P.W. 5 had returned there. They could see P.W. 19 and P.W. 33
also coming towards that place. Several materials were seen lying scattered near the
spot. He identified the bag, pants and shuddy as M.O. 7, M.O. 8 and M.O. 21, which
were also seen lying there. According to P.W. 69, there was no possibility for the girl to
fall there and he felt that somebody had dragged that girl to that spot. He could realise
that the girl was brutally raped by somebody. P.W. 19 took and lifted the girl up. The
girl was taken to the road, and they stopped a police jeep that was coming through the
road as pilot to the Minister. P.W. 19 and Nazar took the girl into the jeep and they took
her to the hospital.
64. P.W. 48 is residing at his house situated at Vettikkattiri, near to the Vallathol Nagar
Railway Station. He has been working as a temporary driver at the Kerala Kalamandalam
for the last six years. On 1-2-2011 at 9.15 p.m. he was walking from his house through
the railway track, to Kalamandalam. He could see another person walking in front by
lighting a torch. That man stopped and stood still by lighting the torch to one direction
for a while, and then came back. On seeing that man, he could identify him as P.W. 69,
one of his neighbours. P.W. 69 told him that a lady was lying near the box. He lighted
the torch to that direction. The scene which he saw was shocking. Blood was oozing out
from the injuries on the head and face of the girl. Her right hand and right leg were
moving. There was a slight groan. The cloth looking like churidar top was seen lifted
and rolled up thereby exposing both her breasts. There were no clothes at the portion
beneath the breast on the rest of the body. Socks in khaki colour were seen worn by her
on her feet. According to P.W. 48, the girl was lying in such a state as her head and
upper portion of the body was on the aggregates, at the first track and the remaining
portion of the body and her legs, on the ground. She was lying in supine position. She
was not speaking and was not conscious. He identified the bag and all the materials
including the cream coloured shirt worn by her which was seen lifted and rolled up.
65. Immediately P.W. 48 told P.W. 69 to attract the attention of the public. By that
time, they could see P.W. 5 who is conducting a shop nearby, coming through that way
after closing his shop. P.W. 5 and P.W. 69 went to the Railway Station side, for inviting
the attention of the public. He went to the nearby house of his father's younger brother
Unnikrishnan, from where he informed the matter to his friends over phone. By the time
when he reached along with Unnikrishnan back to the place where the girl was lying, he
could see many persons gathered there. A dhoti was procured by a person from a
nearby house. When it was used to cover the body of the girl, he could see the portion
of her vagina in wet condition. After covering the body with the dhoti, he along with
P.W. 19 and C.W. 33 took the girl to the Shornur road. When a police jeep was seen
coming in escort for the Minister, they stopped the vehicle, and took the girl into the
jeep. P.W. 19 and C.W. 33 also got into the jeep and the jeep proceeded towards
Thrissur direction. After that, he along with others returned to the railway track, to the
place where the girl was lying. There was a bag, some papers, identity cards etc. Near
to it, a black pants and a shuddy inside it, as if the same were removed together, were
seen lying. P.W. 52 who was present there was asked to collect and keep the entire
materials. As he had to got to the Shornur Railway Station for picking up the Registrar
of the Kalamandalam who would be coming to the Railway Station by the train, he went
to Kalamandalam, took the car and went to the Railway Station.
66. P.W. 5 is conducting a provision shop at the north of the Kalamandalam bus stop,
at the western side of the Vallathol Nagar Railway Station. He used to close his shop by
about 10 p.m. On 1-2-2011, he was walking through the railway line, to his house at

9.45 p.m., after closing his shop. There were altogether five tracks at that place. He
could see a light near the fourth track, and somebody called him as 'hello, hello'. By
about that time, a train passed through the second track. Then, he went near the spot.
There, he could see P.W. 69 and P.W. 48. He had a torch with him. When he lighted it,
he could see a girl about 20 years old lying there with a groan. The lower half of her
body was nude. She was moving one of her hands and legs. She was seen lying in
between the fourth and the fifth track. Just on seeing her, he could realise that it was
not an ordinary incident. Immediately, he called P.W. 52 and his other friends through
his mobile phone, and informed the matter. Apart from a mere groan, the girl had no
memory. She was not speaking; she had severe injury on her face etc., and blood was
seen oozing out. Her head portion was on the aggregates and leg portion was on the
ground. P.W. 48 went for bringing a cloth for covering the body of the girl. He went to
the Railway Station and informed the matter to a lady who was engaged in showing
signals there. Again, he came back to the spot. By that time, many persons had
gathered there. P.W. 19, who was employed in railway, was also present there. P.W. 19
with the help of C.W. 33 and one Ravi, who were present there, took the girl to the
State Highway (Thrissur-Shornur road) which is situated 10 mtrs. away and 10 mtrs.
above, from the railway track, through the portion among the bushes. The girl was
taken to a police jeep which came in escort to the Minister, and was taken to the
hospital.
67. P.W. 5 again came back to the spot where the girl was lying. There, he could see
M.O. 7 bag in an open state, near which a purse being used by girls, identity card, the
black pants of that girl which contained the underwear also, facial cream etc. All those
things were taken by P.W. 52, for handing it over to the police.
68. P.W. 19 is the Gang-man of the Railway at Vallathol Nagar Railway Station. For the
last 17 years, he has been residing at the railway quarters at Vallathol Nagar. Even
when he was transferred to other stations, he continued to reside at the said railway
quarters at Vallathol Nagar. For the last eight months, he has been continuously
working at the Vallathol Nagar Railway Station. On 1-2-2011 at 9.20 p.m. he was
engaged in a chat with others at the platform. At that time, P.W. 42 Station Master
called him over his mobile phone and told him that there was 'a run over of two
persons' from the Ernakulam-Shornur Passenger Train, and asked him to go and verify
it at the track in between 3/500 to 2/800, and 2/850 through the up-line. Immediately,
he went on a search along with C.W. 31 Ali. They could not see anything and thereby
they came back and reported the matter to P.W. 42. Then, P.W. 42 told them that the
persons who fell down from the train were a Tamil man and a Tamil woman, and asked
them to verify once again.
69. Then, P.W. 19 along with P.W. 33 went through the down line towards Shornur
side. When they reached 3/725, somebody had lighted torch towards them and called
them from 3/650. He along with P.W. 33 rushed to the spot, where they could see P.W.
69, and realised that it was he who had called them. He told them that a girl was lying
there. At that place, there are 5 lines lying north-south. First line at the eastern side is
known as the low line and it was being used for the purpose of transporting aggregates
alone. The aggregates were put there in between the said eastern low line and the
second line towards west from it. He could see the deceased girl lying in such a manner
that her head portion was on the aggregates, and the leg portion on the ground. Blood
was seen oozing out from her head. There were movements for one of her hands and
one of her legs and there was a slight groan. She was lying in a supine position, but
slightly turned towards side. Three buttons from bottom to the top of the rose mixed
with cream coloured shirt worn by the girl, remained open. She was nude from the

waist to her legs. There were two socks on her feet. He could see her bag lying opened
near her. Some cards etc. were seen lying scattered. Black pants and shuddy were also
seen there.
70. P.W. 19 lifted her up and took her to the road. There were bushes on the side of
the road in between the track and the road. He carried the deceased through the portion
among the bushes and the others had lighted torch for him to proceed. On the opposite
side of the road there was a house. He asked P.W. 33 to go and fetch a piece of cloth
from there. P.W. 33 brought a cloth and put it over the deceased. They could see a
police jeep coming in escort for a Minister. C.W. 43 Nazar who was present there
stopped the police jeep. They took the girl to the jeep and took her to the Government
Hospital, Ottupara. The girl was around 20 years old and she was slightly moving one
of her hands. The doctor on examining her, told them to take her to the Medical College
Hospital, immediately. A green bed sheet was given from the hospital by which they
covered the girl and took her to the Medical College Hospital, Thrissur by the same
police jeep. They reached the hospital by about 11 p.m. 4 to 5 doctors were present
there at the hospital and they examined the deceased. After some time, Cheruthuruthy
Police reached there. Thereafter, P.W. 6 who is the brother of the deceased also reached
there. Then, he returned to his quarters.
71. According to P.W. 19, the Ernakulam-Shornur Passenger Train came through the
fourth line from east. There were concrete sleepers in between the 3rd line and the 4th
line, near to the crossover. The place where the deceased was found lying was about 30
mtrs. towards east from the said crossover point. He identified the pants, bag, shirt and
other materials found at the place where the deceased was lying. According to him,
when he saw the girl, nobody had helped him to lift the girl up. As her vagina was seen
wet, he could realise that she was trapped and was raped. Her shirt was seen lifted up
forcibly. There were only four railway lines near the place where the deceased was seen
lying. The other line was the low byline being used for transporting aggregates alone.
That line starts from the platform and proceeds towards north-south.
72. P.W. 2 is residing near Shornur and has been working at Chalakkudy. On most of
the days, he is a day scholar. On 1-2-2011, at 6.55 p.m., he got into the Ernakulam-
Shornur Passenger Train from Chalakkudy. On 2-2-2011, while he was coming back to
Shornur by the same train, police came to the train in search of persons who had
travelled by the said train on the previous evening. They were asking for a one-handed
man, who had allegedly travelled by the said train on the previous evening. As he could
see such a person who was travelling by the said train on the previous evening, he told
the police about it. He was asked to appear at the Chelakkara Police Station. He could
not go on the next day, whereas, he could appear only on 4-2-2011. On 1-2-2011, he
was travelling by the third compartment from the engine. He could notice a one-handed
man who was in shabby dress, got into that compartment on that day. Repeatedly, he
walked to and fro through that compartment, watching other passengers, and therefore,
P.W. 2 noticed his movements. P.W. 2 identified the accused as the said man. According
to him, the accused got down at Irinjalakuda. He saw the accused at the office of the
Circle Inspector of Police and identified him.
7 3 . According to P.W. 75, who is conducting a provision shop in front of
Kalamandalam, on 1-2-2011 at about 9.30 p.m. some persons came in front of his shop
and told him that two persons had fallen down from the Ernakulam-Shornur Passenger
Train. He took the torch from the shop and went along with them in search of the
persons allegedly fallen down from the train. The said persons had reached before his
shop by an autorickshaw, and the said autorickshaw was parked in front of his shop. At

that time, by seeing the autorickshaw, the accused who was in soiled dress, approached
him and asked him whether the autorickshaw would go to Thrissur. He identified M.O. 5
and M.O. 6 as the lungi and the shirt worn by the accused.
74. P.W. 45 is a 21-year-old autorickshaw driver at Vettikkattiri. P.W. 33 is his elder
brother. On 1-2-2011 during night, he was waiting for passengers in his autorickshaw
parked by the road side at Panjal, Vettikkattiri. After about 9 p.m., his friend named
Sulaiman called him over his mobile phone and requested his presence near
Kalamandalam side, by stating that he came to know that a person had fallen down on
the railway track there, from the train. Immediately he reached there by his
autorickshaw, and stopped his autorickshaw near the old road leading to the railway
track from the Thrissur-Shornur main road. He could see 3-4 persons engaged in a chat
near the shop situated there. He asked them as to whether they were aware of such an
incident. They replied that they did not come to know about such an incident.
75. According to P.W. 45, at that time, the accused, who dressed in soiled clothes came
to him from the side of the Kalamandalam bus stop by crossing the road, and asked him
whether he was ready to go for hire to Shornur. The upper portion of the shirt of the
accused remained open without buttons in 2-3 button holes. He replied that he came in
search of a person who had allegedly fallen down from the train, and therefore, he
would not go for a drive. On hearing it, the accused became perplexed, and there
occurred a change of expression on the face of the accused, and immediately the
accused cut across the road, and went towards the bus stop. There was streetlight near
the bus stop, and also there was sufficient light from the nearby shops. He had noticed
that the left palm of the accused was amputated. By that time, by an autorickshaw and a
bike, his elder brother P.W. 33 and his friends came over there and asked him whether
he could see the person fell down from the train. Then, he told them by pointing
towards the accused that he had suspicion as to whether it was the accused who had
fallen down. Then, they questioned the accused. He went on a search, from the portion
of the cabin towards Shornur aside. P.W. 33 and his friends also came in search behind
him. He had noted down the nature of the lungi and the shirt worn by the accused and
he identified the same as M.O. 5 and M.O. 6.
76. P.W. 33 is residing at Vettikkattiri, at the eastern side of the Thrissur-Shornur main
road towards east to the Vallathol Nagar Railway Station, which is about 400 mtrs. away
towards south from Kalamandalam. He is a fish monger. On 1-2-2011, from 8 p.m. to
9.30 p.m., he along with his friends numbering 8-9 persons, were sitting and chatting
in front of 'Achuthan Pharmacy' situated in front of Vallathol Nagar Railway Station, as
usual. By about 9 p.m., his younger brother Musthafa came by that way, after visiting
one of their relatives. At that time, the Station Master and another lady who was on
duty there told Musthafa that two persons had jumped out of the train, and requested
him to verify it. Musthafa told P.W. 33 and his friends about it and requested their
participation also. P.W. 33 along with C.W. 24, C.W. 25, C.W. 26 and C.W. 27, got into
the autorickshaw of Rias and went to Kalamandalam bus stop which is situated half a
kilometre away from the Railway Station. They stopped the autorickshaw there. There,
they could see his younger brother P.W. 45 who came over there by his autorickshaw.
He also had reached there, as somebody had told him over phone about the incident.
77. According to P.W. 33, at that time, the accused was seen coming from the narrow
line leading to the Railway Station and after talking something to P.W. 45, he moved
towards the bus stop at the right side of the road. Then, P.W. 45 expressed a doubt to
them whether the accused was the person who had jumped out of the train. Therefore,
all the six of them approached the accused and talked to him. He was seen dressed in a

soiled lungi and shirt. Two buttons towards the top of the shirt were found missing. He
identified M.O. 5 lungi and M.O. 6 shirt as the clothes worn by the accused at that time.
They asked him as to from where he was coming. Then the accused replied in
Malayalam mixed with Tamil that he was coming from Thrissur and that he came over
there by train from Thrissur and was going back to Thrissur. As if he had engaged in
begging, the accused showed his left hand, the palm of which was seen amputated.
There was very good light from the mercury lamp at the bus stop. The accused tried to
explain that he was engaged in begging in trains. The accused was seen panting and
was seen perplexed. By thinking that he was only a beggar, they let him go away.
78. According to P.W. 42, who was the Station Master at the Vallathol Nagar Railway
Station, while the young men, who had participated in the search, were discussing the
matter by standing at the premises of the Railway Station, one among them revealed
that they could see a one handed man at the road side near the Station and when
questioned, that man had told them that he was a beggar and was waiting for bus
towards Thrissur side. The road there was near to the railway track. He asked P.W. 19
and the young men to search the railway track once again and thereby they went in
search.
79. According to P.W. 33, they crossed the road and came to the railway track. There
were only two tracks there; at the same time, there were five tracks at the place where
the girl was lying. Even though they had searched for a distance of around 1 1/2 kms.
towards north from Kalamandalam towards Shornur side, they could not see anybody.
They returned to the Kalamandalam side, and came to the Vallathol Nagar Railway
Station side through the main road by bicycle. Others came by the autorickshaw. They
informed the Station Master that they could not see anybody on search. They further
told the Station Master that they had occasion to see a one handed man. Then, the
Station Master told him that a phone call came and that it was a Tamil man and a Tamil
woman who had jumped out from the train. The Station Master asked them to go and
search once again. Then the time was about 9.50 p.m. P.W. 19, who was holding a
torch, was also present there, after the search.
80. According to P.W. 33, they divided themselves into two groups. He along with P.W.
19 went towards one-way and Rias, who is the son of P.W. 52, Anil, Vipin Das and
Alimon went towards the other way. When he, along with P.W. 19, walked through the
track and reached about 50 mtrs. away from the place at which the girl was lying, P.W.
19 received a phone call. Somebody was seen lighting a torch by standing at a distance
of 50 mtrs away. On seeing it, they went to that place and there, they could see three
persons standing. They had attracted their presence by lighting the torch. They could
see a girl lying in such a manner as her head was on the aggregates and the legs were
on the ground, just after the first track. The road is situated 10 mtrs. away towards east
from that spot and it is at a higher level of 10 feet. One cannot see that spot by
standing on the road as there were thick bushes in between that spot and the road. The
girl looked like a girl of 20 years. P.W. 19 and the other three persons had torches with
them. There was moon light also. She was fully nude from waist to downwards and was
seen wearing socks at her feet. A small pit was seen beneath her heel. The shirt worn
by her was seen lifted up and her breasts were seen exposed. Injury was found on her
face and blood was seen oozing out. The portion of her vagina was seen wet. They felt
that she was raped. Persons who saw her in the torch light immediately retracted and
stood apart as she was in such a state.
81. According to P.W. 33, there was a slight groan from the girl and movements for one
leg. The girl was unconscious and was not talking. He went to the house of P.W. 52,

and obtained a dhoti. He gave that dhoti to P.W. 19 and the same was put on the body
of the girl. P.W. 19 lifted and took the girl. He also helped P.W. 19 by lifting that
portion of the body near the neck. The girl was taken to the hospital by the escort
police jeep of the Minister, who came by that way. P.W. 19 and Nazar also accompanied
the girl by the jeep.
82. P.W. 33 could see the black pants which also contained the shuddy in it lying away
from the body. There was a purse also. Many articles were lying scattered near the
body, which were seen fell from the bag which remained open. No mobile phone was
seen. P.W. 52 collected the materials of the girl which were lying scattered there and
subsequently produced it before the police. P.W. 33 identified M.O. 1 shirt worn by the
deceased, M.O. 16 purse, M.O. 7 bag and M.O. 8 black pants in which M.O. 21
underwear was also found.
83. P.W. 52's native place is Cheruthuruthy. According to him, on 1-2-2011 by about
9.45 p.m. his friend Azeez called him over phone and told him that a woman was found
lying as if she had jumped out from the train. By about 10 p.m. he reached there. There
he could see C.W. 33, P.W. 33, P.W. 19, P.W. 69, and P.W. 5. A woman was lying
injured at the railway track. She was covered with a dhoti. P.W. 19 took and lifted her
up. All of them climbed to the road. When a police jeep came as a pilot vehicle for the
Minister, they stopped it and P.W. 19 and C.W. 33 entered inside the jeep with the
injured girl, and took her to the hospital. The girl was looking like 20 years old. Blood
was oozing out from the injury on her face.'
8 4 . According to P.W. 42 Station Master at the Vallathol Nagar Railway Station, he
received a phone call at the Station and was informed that a girl was seen lying north to
the Railway Station, adjacent to the track and that it could have been an accident by
falling from a train and further that the girl was nude and was groaning. It was further
informed that the girl was about 22 years old and had injuries. He passed on that
information to the Cheruthuruthy Police Station over the phone. P.W. 19 and the other
persons who were with him reached near the girl, took him to the road, from where she
was taken to the hospital by a police jeep.
85. P.W. 24 was working as Additional Sub Inspector of Police at the Anthikkad Police
Station as on 1-2-2011, and he was on pilot duty on that date with the Revenue
Minister, Sri K.P. Rajendran. On that day by about 6.30 p.m. there had occurred an
explosion of gunpowder at a place called Thrangali at Shornur, in which some persons
died and many others got injured. The Minister was going to that place. At about 10
p.m., while he was proceeding from Thrissur to Shornur in front of the vehicle of the
Minister, he could see some persons coming to the road from the railway line by taking
a girl. They waved their hands and stopped the vehicle. They told him that the girl had
fallen down from the train and had sustained a head injury and that no vehicle was
available to take her to the hospital. The girl was taken to the rear portion of the said
vehicle. P.W. 19 Gangman of the railway and another man working at the
Kalamandalam also got in the vehicle by carrying the girl. The Minister stopped his car,
got down and enquired the matter and directed him to take the girl to the hospital.
8 6 . They took the girl to the Government Hospital at Wadakkanchery. The girl was
unconscious. There was a slight groan. There was head injury, and blood was oozing
out from the injury on the head. She was covered with a lungi. A portion of the cream-
coloured shirt of the girl could be seen. P.W. 19 took the girl from the Jeep to the
Doctor, who after examining her, told them that the injury was very serious and she
should immediately be taken to the Medical College, Thrissur. The girl was taken to the

casualty of the Medical College, Thrissur. Her name was not known. From the words of
the persons who took the girl to the Jeep, he could understand that the girl was
subjected to rape. They told him that two persons had jumped out of the train and a
one handed Tamilian who was suspected to be one out of them was stopped there. They
reached the casualty at the Medical College, Thrissur at about 11 p.m. P.W. 24 informed
the incident about the girl over the wireless to the Cheruthuruthy Police, and informed
them that the girl was taken to the hospital. Thereafter, he went for attending duty with
the Minister. On the way, he went to the Cheruthuruthy Police Station and informed the
matter. At that time P.W. 24 came to know that the Cheruthuruthy Police had already
gone to the Medical College, Thrissur. It was by about 1 a.m. on 2-2-2011 that he had
entered the Cheruthuruthy Police Station. He identified M.O. 1 as the shirt worn by that
girl.
87. According to P.W. 18, after waiting for the deceased among the passengers who
arrived by the said passenger train, P.W. 36 called P.W. 18 and informed her that the
deceased was not present among the passengers who came by the said train. She called
P.W. 36 to her house. When P.W. 36 came by his autorickshaw, she called a person
named Ravi who is one of her neighbours and they went to the Shornur Railway Station
and searched everywhere. As they could not find the deceased, they approached the
Station Master and told the matter. Then they were told that a girl had fallen down from
the train, and that the said girl was taken to the Medical College Hospital. They
contacted P.W. 6. As per the directions of P.W. 6, P.W. 18 was taken back to the house
by the autorickshaw and thereafter the others went to the Medical College Hospital,
Thrissur. On the next day, she went to the Medical College Hospital, and saw the
deceased at the I.C.U., and identified her. The deceased died at the Medical College
Hospital, Thrissur on 6-2-2011.
88. According to P.W. 36, even though he had reached the Shornur Railway Station as
directed by P.W. 18, and waited with the autorickshaw, the deceased was not found
among the passengers came by the said passenger train, and thereby he gave that
information to P.W. 18 over phone. He was asked to look in the next train at 10.30 p.m.
also. In that train also, she was not present, and he conveyed that information also to
P.W. 18. Then he was asked to reach at the house of the deceased with the
autorickshaw. He reached there, from where, P.W. 18 and another neighbour Ravi came
along with him to the Shornur Railway Station. Even though they searched for the
deceased at the guest room, platform, and the train, they could not find her there. They
approached the Station Master. The Station Master told them that a girl had fallen from
the train near the Vallathol Nagar Railway Station and that she was taken to the Medical
College Hospital. He informed the matter to P.W. 6 over phone. P.W. 18 was crying.
89. According to P.W. 71, on 1-2-2011 by about 10.30 p.m. when he had contacted
P.W. 42, he was told that a girl who had sustained head injury was found at the railway
track at a distance of about 450 mtrs. away from the Railway Station by P.W. 19 Gang-
man, and that P.W. 19 along with some others had taken that girl to the Medical College
Hospital.
90. According to P.W. 71, by about 11 p.m., P.W. 18 and two others had approached
him and told him that she was waiting for her daughter who had to reach the Railway
Station by the 8.45 p.m. train, and that her daughter had not reached. He was also
informed that the girl had not reached by the 10.20 p.m. train also. Then he told them
that a girl of about 20 years old had fallen down from the train at Vallathol Nagar and
that she was taken to the Medical College Hospital. On hearing it, P.W. 18 started
crying.

91. According to P.W. 36, as per the direction of P.W. 6, they proceeded to Thrissur.
When they reached the place called Kuraancherry, P.W. 6 called him and informed that
the deceased was serious and therefore, he should not take P.W. 18 to the hospital, and
requested him to take P.W. 18 to the house by telling something. Therefore, he told
P.W. 18 that there was nothing to worry and that P.W. 6 would take the deceased to the
house after getting her discharged. On the next morning, by 7.30 am. he went to the
Medical College Hospital. As the deceased was in the I.C.U., he could not see her. Later,
the deceased died.
92. P.W. 62 was the Junior Medical Consultant at the Taluk Hospital, Wadakkanchery on
1-2-2011. On that night, by about 10.30 p.m. an unknown lady who was injured was
brought by Anthikkad Police in the escort police jeep of Minister Sri K.P. Rajendran,
along with P.W. 19 railway employee etc. He was told that the said injured had fallen
from the train and it could be either accidental or homicidal. The patient was
unconscious. As she was seriously injured, she was sent by the same vehicle to the
Medical College Hospital, Thrissur for Neuro-surgical care. On 12-2-2011, he produced
Ext. P-68 before the police.
93. According to P.W. 76, during her last talk with him over phone by about 8.30 p.m.
on 1-2-2011, the deceased had joked by telling him that a Tamilian had a look on her
and was going away. When he called her after some time, her mobile phone was
switched off. Even though he tried several times, it was in switched off mode. On the
next day also he had called her till noon and on all such occasions her phone remained
in switched off mode. Therefore, by about 2.20 p.m. he called P.W. 18 over her phone.
It was then only he was told that the deceased had sustained injuries and admitted as
inpatient at the hospital. On 3-2-2011, P.W. 76 went to the Medical College Hospital,
Thrissur. The deceased was in I.C.U. and was connected to the ventilator. He could see
her only through the glass.
94. P.W. 37 is the Assistant Professor in Surgery at the Medical College, Thrissur. On 1-
2-2011, he was on duty at the casualty. On that night at 11 O' clock, the deceased was
brought at the casualty. He examined her and prepared and furnished Ext. P-32 wound
certificate. She was brought by P.W. 19. The alleged history was that "fell down from
the train at 9 p.m. at Vallathol Nagar". He has noted the following features: "The patient
was unconscious. G.C.S. score E.I. M2 V.I. strider was present. Pulse rate 86/minute.
BP was 90/70. Pupil was bilaterally 3 mm. Not reacting to light. Chest air entry equal on
both sides. Added sounds--present. Abdomen was soft.
He has noted the following injuries:
(1) Contusion 4 x 3 cm. on left side of mandible involving floor of mouth.
(2) Black eye left side--present.
(3) Nasal bleed and oral bleed--present.
(4) Contusion on left side face.
95. According to him, the injuries could be caused as alleged. He saw the said patient
at 11 p.m. When he saw her, she was in a very critical stage, and was fighting for life.
She had signs of serious head injury. She was unconscious. There was difficulty to
breath as blood was oozing from the nose and mouth. Pupils were not reacting to light.
BP was very low. There were severe sounds when she was breathing, as the pipes were
filled with the blood. Glasgow Coma Scale (G.C.S.) was only 4. In the case of a dead

body it will be 3, and in the case of a normal human being, it will be 15. Therefore, the
neurological examination and evaluation showed that she was almost dead. She was
nearing death due to the first injury. There was fracture of the mandible. Blood had
oozed into the floor of the mouth. There was inflammation over and inside the mouth.
The said blood could go into the lungs, which could result in death. It would result in
pneumonia. If such an injured is conscious, the injured cannot speak; but can make
sounds. Injury No. 2 could be as a result of injury inside the head or on getting assault
on that portion. As she was unconscious, her vision could not be tested.
96. On fracture of mandible, blood was seen oozing through the nose and mouth. On
fracture of skull due to bursting of blood vessel in head, blood can ooze out of the
nose. He attempted for endo-tracheal intubation. His attempt for inserting tube directly
into the lungs through the mouth, failed as there were fractures of the bones of the
face. Therefore, he did emergency surgery of tracheotomy. It was for establishing the
airway and for sucking the aspirated blood and also for giving oxygen. As BP was low,
I.V. was established, through which fluids were given. Then he came out of the acute
care room of the casualty, and prepared Ext. P-32. When he came out of the room, he
could see the brother of the deceased, who furnished the name and address of the
deceased. According to him, what were done by him were only life-saving mechanisms.
Had it not been done, she would have died then and there. He had suggested Gynaec
consultancy. He was also present in the team of doctors who prepared Ext. P-3 report.
She was removed to ventilator.
97. The deceased was subjected to neurosurgery by him and other doctors. His name is
shown in page number 10 of Ext. P-4 case sheet. P.W. 79 Neurosurgeon has noted
down the circumstances in which the surgery was done. P.W. 79 is the Head of the
Department. If the patient is in supine position on sustaining such injury, and if
pressure is applied on her, aspiration would be more severe. Clotted blood from the
brain was removed after opening the skull. The portion of the skull was kept in her
abdomen. The same was done in order to decrease the pressure in the head. According
to P.W. 37, the said injuries are sufficient in the ordinary course of nature to result in
immediate death.
98. While P.W. 1 Dr. Thanooja was working as an Assistant Professor, O & G at the
Medical College, Thrissur, on 2-2-2011, she examined the deceased, aged 23 and
issued Ext. P-1 certificate. The deceased was brought by P.W. 19, who was the Gang
Maestri of the Vallathol Nagar Railway Station, in a police jeep. She has noted the
following history:
The girl was travelling in the local train on 1-2-2011 and found lying naked in
the railway track at 10 p.m. The patient was unconscious and not responding to
calls. A lacerated wound of 2 cm. was there on left lower lip. Black eye, left
side contusion and an abrasion on left cheek. Undergarments were soaked in
blood. Abrasion right forearm dorsal aspects. Contusion on right forearm 1 cm.
left side hemiplegia (state of paralysis).
99. After examination of the deceased, P.W. 1 made the following observations in Ext.
P-1:
Gynaec examination.--Pubic hair is scanty; but matted with mucoid secretion, it
is clipped. No tears inside vagina copious. Mucoid materials inside vagina seen.
Hymen showed fresh tear at 4 O'clock and 7 O'clock position. Based on the
above facts, she is satisfied that there is evidence of recent sexual act. No

injuries on the abdomen and breast.
Pelvic examination.--uterus normal size, mobile, no pathology in uterus.
Patient had head injury. Internal capsular bleed in CT scan and not moving left
side of body and unconscious. Strider Tracheotomy done. She is dangerously
ill. Vaginal swab (2 in numbers), vaginal smear (2), pubic hair clippings and
nail clippings taken. Undergarment was also taken. All the same were sent for
chemical examination and DNA matching.
100. According to P.W. 1, there was evidence of signs of resistance. Ext. P-2 is the
forensic report. There is head injury and multiple facial injuries. There was intra
cerebral haemorrhage and the patient was dangerously ill.
101. On 3-2-2011 P.W. 1 along with the other Doctors in the Medical College Hospital
attended the victim and gave Ext. P-3 report. P.W. 1 identified M.O. 1 as the cream
coloured partially torn shirt, M.O. 2 blood stained petticoat (shimmy), M.O. 3 brassiere
torn, and M.O. 4 pink underskirt loosely found on the body of the victim. Patient was
unconscious and she was having respiratory difficulty. Tracheotomy was placed prior to
her examination. CT scan was also taken. As she was in serious condition, she was put
on ventilator. She could not survive without ventilator and Tracheotomy. According to
P.W. 1, the injuries are sufficient to cause the death. After the examination, P.W. 1
came out of the room, and contacted the police, asked the crime number and wrote it
on the sample.
102. P.W. 46 was the Assistant Sub Inspector of Police, Cheruthuruthy. On 1-2-2011 he
was on station charge, as the S.I. had gone to the police headquarters. On that day, he
was on duty in connection with the accident due to the explosion at Thrangaly. After
returning from there, he had his bath and food. After that, the person on GD charge
informed him that an information was received to the effect that a Tamil man and a
Tamil woman had jumped from the 'Shornur Passenger' after the train passed Vallathol
Nagar Station. He along with the home guards reached near the southern gate of
Kalamandalam, at the Shornur-Thrissur Road. He reached the place where the railway
track and the road are lying in the same level. He crossed the tracks from west to east,
and searched from the portion of the up-line going to Shornur to the Vallathol Nagar
Railway Station. He could not find anyone, and he informed the matter to P.W. 42
Station Master of the Vallathol Nagar Railway Station. He directed P.W. 42 to convey
any information in the matter, if received.
103. When P.W. 46 was on his way to another place, a person named Noushad residing
at Cheruthuruthy called him over phone and informed him that the body of a lady was
found at the railway track, near Kalamandalam. After some time, he was again called
and informed that the said woman was alive and that no vehicle was available to take
her to the hospital. He told him to take her to the road by stating that he would be
coming with the jeep, and further directed him to take her to the hospital by any other
vehicle, if available in the meanwhile. When he reached near Kalamandalam, he could
see a police jeep starting from the front of the bus stop and proceeding towards
Thrissur side. From the persons found gathered there, he came to know that the injured
lady was taken to the hospital.
104. At that time, P.W. 46 was informed from the police station that information was
received to the effect that a one handed man had jumped out of the train. He searched
for such a person near the track. Then, some other persons, who were there, told him
that they could see such a person near the Kalamandalam bus stop, and they had

stopped him and questioned him and released him as they felt that he was a beggar.
105. They told P.W. 46 that he might have gone away by some other vehicle. He went
to the spot where the girl was lying. He could see blood there. On getting information
that the injured girl was taken to the M.C.H., he went to the casualty. He could see a
girl aged about 22 years lying at the casualty, being attended by doctors. The name and
address of the girl were not available then. As the persons who brought the girl to the
hospital told him that the girl was lying nude from waist to downwards, and that the girl
was subjected to rape, he passed on that information to the doctors. The gynecologist
examined the deceased.
106. According to P.W. 6, after 9 p.m. on 1-2-2011, P.W. 18 had called him and told
him that the deceased had not reached the house. By about 10-10.30 p.m., again he
called P.W. 18. At that time, the phone was picked up by his friend P.W. 36. He was
informed that a girl had fallen out of the train and was taken to the Medical College
Hospital, Thrissur. He reached the Medical College by an autorickshaw after 11 p.m.,
and identified the girl as his sister. Doctors were seen examining the deceased. By
about 1 a.m., a lady doctor came to examine her. The Doctor told him that she had
sustained a head injury and that she was raped.
107. On 2-2-2011 at 2.30 a.m., P.W. 6 furnished Ext. P-8 First Information Statement
before P.W. 46 A.S.I. Gopinathan. According to him, he stated before the police in
respect of the incident in which somebody had pushed out the deceased from the train
and committed rape on her.
108. P.W. 46 recorded Ext. P-8 First Information Statement furnished by P.W. 6 at 2.30
a.m. on 2-2-2011, on the basis of which, he registered Crime No. 41/2011 of the
Cheruthuruthy Police Station under Sections 307 and 376 IPC, through Ext. P-40 F.I.R.,
at 3.30 a.m.
109. One of the main arguments resorted to by the learned counsel for the appellant is
that there was inordinate delay in registering the FIR in this case. It is argued that even
though the Railway Police and the local police had received information regarding the
crime, no FIR was registered till 3.30 a.m. on 2-2-2011.
110. It has to be noted that at first P.W. 4 and P.W. 40 heard cries of the deceased
from the ladies compartment attached behind the general compartment in which they
were travelling, and on enquiries, they came to know from the middle aged man, whose
identity could not be established by the investigating officers even after a thorough
investigation, that a girl had jumped out of the train and escaped. Thereafter, P.W. 4
and P.W. 40 could see the accused jumping out of the running train which was moving
in slow speed and walking back towards the direction from which the train came. They
gave information to P.W. 34 Guard as and when the train reached Shornur. The matter
was informed to the RPF office at the railway platform and also to the Station Master.
They took the information in the sense that a Tamil woman and a Tamil man had
jumped out of the train. Can a FIR be registered on the basis of such a vague
information, especially when even the names of those persons allegedly jumped out the
train were not available?
111. The teamed Special Public Prosecutor has invited our attention to the decision
reported in State of Himachal Pradesh v. Shree Kant Shekari MANU/SC/0750/2004 :
(2004) 8 S.C.C. 153, wherein it was held,
The unusual circumferences satisfactorily explained the delay in lodging of the

first information report. In any event, delay per se is not a mitigating
circumference for the accused when accusations of rape are involved. Delay in
lodging the first information report cannot be used as a ritualistic formula for
discarding the prosecution case and doubting its authenticity. It only puts the
court on guard to search for and consider if any explanation has been offered
for the delay. Once it is offered, the court is to only see whether it is
satisfactory or not. In case if the prosecution fails to satisfactorily explain the
delay and there is possibility of embellishment or exaggeration in the
prosecution version on account of such delay, it is a relevant factor. On the
other hand, satisfactory explanation of the delay is weighty enough to reject the
plea of false implication or vulnerability of the prosecution case.
112. In State of Punjab v. Ramdev Singh MANU/SC/1063/2003 : (2004) 1 S.C.C. 421,
it was held as follows:
Delay in lodging the FIR cannot be used as a ritualistic formula for doubting the
prosecution case and discarding the same solely on the ground of delay in
lodging the first information report. Delay has the effect of putting the court on
its guard to search if any explanation has been offered for the delay, and if
offered, whether it is satisfactory or not. If the prosecution fails to satisfactorily
explain the delay and there is possibility of embellishment in the prosecution
version on account of such delay, the same would be fatal to the prosecution.
However, if the delay is explained to the satisfaction of the court, the same
cannot by itself be a ground for disbelieving and discarding the entire
prosecution version, as was done by the High Court in the present case.
113. Even when the victim was taken to the hospital, her name was not known to
anybody. The witnesses, who saw the injured girl and the way in which the deceased
was lying at the side of the railway track, could reasonably suspect that she was
subjected to rape. Either the name of the victim or the name of the accused was not
available. The identity of the victim was also not available. It was when P.W. 36 along
with P.W. 18 and a neighbour reached the Railway Station and made enquiries
regarding the girl who was expected to come by the passenger train, then only the
Station Master could tell them that a girl had fallen from the train and was taken to the
hospital. The information was passed on to P.W. 6 who rushed to the casualty of the
Medical College Hospital, Thrissur and identified the victim who was attended by the
Doctors, as his sister who is the deceased. Even at that time he was not aware that the
deceased was raped. Only by 1 a.m. when P.W. 1 came out after examining the
deceased and told him that the deceased had sustained a head injury and that she was
raped, he could realise something regarding the incident. Then only he came to know
that she was deliberately dropped from the train and was subjected to rape. He
furnished Ext. P-8 First Information Statement at 2.20 a.m. on 2-2-2011 before P.W.
46, on the basis of which P.W. 46 registered the crime under Sections 307 and 376 IPC
through Ext. P-40 FIR at 3.30 a.m.
114. Till then, it was not discernible to P.W. 46 or anybody whether the deceased had
jumped out of the train or accidentally fallen from the train or dropped from the train.
Her identity was not known. The identity of the accused was also not known. Can
anybody find fault with the police in not registering an FIR without any particulars at
all? It has to be noted that for the incident happened after 8.30 p.m. on 1-2-2011, first
information statement was furnished by the brother of the deceased at 2.30 a.m. on 2-
2-2011 and a crime was registered at 3.30 a.m. on 2-2-2011. The so-called delay is for
less than 4 hours. The matters are self explanatory. We find that there is no delay at all

in registering the crime, and the circumstances in which the FIR happened to be
registered at 3.30 a.m. on 2-2-2011 have been clearly explained by the prosecution.
115. According to P.W. 18, when she saw the deceased at the I.C.U. the deceased was
unconscious. Thereafter, she returned to the house only after the death of the deceased.
1 1 6 . P.W. 81, while working as the C.I. of Police, Chelakkara, took over the
investigation of this case at 4 a.m. on 2-2-2011. On that day, he entrusted P.W. 46 to
make arrangements for the scene guard of this case. According to P.W. 46, as per the
direction of P.W. 81, he arranged the scene guard.
117. P.W. 66 is a police constable attached to the Pazhayannur Police Station, who was
on scene guard duty in this case from 4 a.m. till 4 p.m. on 2-2-2011 along with another
C.P.O. named Ram Mohan. The said police station is coming under the C.I., Chelakkara.
They guarded around 20 mtrs. distance towards north and 20 mtrs. distance towards
south, from the scene of occurrence. He was present during the preparation of the scene
mahazar and also while the Scientific Assistant was collecting the material objects from
the spot.
118. According to P.W. 4, during the dawn of 2-2-2011, without much later to his
arrival at his house at Kozhikode, he was called by a policeman from the office of the
Circle Inspector of Police, Chelakkara and asked whether he had travelled by the said
train. He was told that the girl was serious and therefore he should reach Chelakkara
Police Station. He reached the Chelakkara Police Station at 5 p.m. and narrated the
entire incidents to the Circle Inspector. He gave both his train tickets to the police,
which the police seized through Ext. P-5 mahazar. He identified the said tickets as Ext.
P-6 series.
119. On 2-2-2011, P.W. 72 was a Senior C.P.O. attached to the C.I. Office, Chelakkara.
P.W. 4, who had travelled by the passenger train involved in this case on 1-2-2011, had
produced Ext. P-6 series tickets, and the same were seized through Ext. P-5 mahazar, in
which he affixed his signature.
120. P.W. 73 is a W.C.P.O. attached to the C.I. Office, Chelakkara. On 2-2-2011 at 5
p.m. she saw P.W. 4 producing his train ticket by which he had travelled, by train from
Ernakulam to Kozhikode on 1-2-2011, before the police at the C.I. Office, Chelakkara,
which the police seized through Ext. P-5 mahazar. She has affixed her signature in Ext.
P-5 mahazar.
1 2 1 . P.W. 30 is the Chief Booking Supervisor at the Ernakulam Junction Railway
Station. According to him, on 7-3-2011 he was shown Ext. P-6 series railway tickets.
Out of it, ticket number 604115254 is for journey from Ernakulam Junction to Calicut. It
is a ticket to the express train. It was issued from that Railway Station at 17.14 hours
on 1-2-2011. Ext. P-26 is the report furnished by him to the police to that effect.
122. According to P.W. 40, in between 7 a.m. and 8 a.m. on 2-2-2011, he got a phone
call from a number which was not known to him. He was told that it was from the Office
of the Circle Inspector of Police, Chelakkara and he was asked to report at the office of
the Circle Inspector of Police, Chelakkara for knowing details regarding this case. By
about 4 p.m. on that day, he reached the office of the Circle Inspector and he narrated
all what he could see during the previous night. He furnished Ext. P-23 ticket, and the
police seized the same through Ext P-33 mahazar in which he also affixed his signature.
123. On 2-2-2011 at 4 p.m. P.W. 73 W.C.P.O. attached to the C.I. Office, Chelakkara,

saw P.W. 40 handing over the train ticket by which he had travelled in the Ernakulam-
Shornur Passenger Train on 1-2-2011, before the police at the C.I. Office, Chelakkara.
The same was seized through Ext. P-33 mahazar. She has affixed her signature in Ext.
P-33 mahazar.
124. P.W. 28 is the Chief Booking Supervisor at the Thrissur Railway Station. Ext. P-23
train ticket number 601989508 is an ordinary ticket that was issued from his office at
19.06 hours on 1-2-2011. He had furnished Ext. P-22 report to that effect to the
investigating officer.
125. According to P.W. 81, on 2-2-2011 he saw the injured who was in the I.C.U. at
the M.C.H. Thrissur, and that she was unconscious.
126. After sending the deceased along with P.W. 19 and Nazar to the hospital, P.W. 52
along with the others present there returned to the railway track where the girl was
lying. At about 10 p.m., P.W. 52 collected the materials lying scattered at the place
where the deceased was found lying at the railway track. The bag and the other articles
lying scattered there were collected by him and he kept it in safe custody. The pants
and shuddy were seen removed together. The same were taken along with the churidar
top. Other articles were taken in the bag. On the next day, he produced all those
materials before P.W. 81 at the Cheruthuruthy Police Station. P.W. 81 seized the same
through a mahazar. P.W. 52 identified all the materials including M.O. 34, M.O. 35,
M.O. 36, M.O. 37 and M.O. 38 series.
127. According to P.W. 81, on 2-2-2011 at 8 a.m., P.W. 52 who is residing near the
scene of occurrence, has produced 21 items which are M.O. 2, M.O. 7 to M.O. 13 series,
M.O. 16, M.O. 21, M.O. 22, M.O. 25 series, M.O. 26, a puppet, two artificial ear studs,
M.O. 34 to 38 and Ext. P-25 ticket of the deceased, at the Cheruthuruthy Police Station,
which according to his direction, were seized by P.W. 46, through Ext. P-31 mahazar.
128. P.W. 29 is the Chief Booking Supervisor at the Ernakulam Town (North) Railway
Station. According to him, Ext. P-25 ordinary train ticket number 6022774451 ordinary
ticket was issued at 17.45 hours on 1-2-2011 from Window 6 shift No. C from the Entry
Booking Office II of the Ernakulam Town (North) Railway Station. He had furnished Ext.
P-24 report to that effect to the investigating officer.
129. According to P.W. 35, on 2-2-2011 at 8 a.m., he saw his friend P.W. 52 producing
a black handbag, black pants, churidar, mobile phone charger, a pen without top,
identity cards, two photographs (one passport size and one stamp size), a hair net,
chalan receipt, cards looking like visiting cards, small black bag, hair pin like slides,
face creams, lipstick, powder etc., before the C.I., Chelakkara, at the Cheruthuruthy
Police Station. The same were seized through Ext. P-31 mahazar, in which he also
affixed his signature.
130. According to P.W. 46, on 2-2-2011 he seized the material objects produced by
P.W. 52, through Ext. P-31 mahazar. P.W. 46 identified the black pants, shuddy, cream-
coloured churidar top, LG mobile charger, ID card, election ID card, a train ticket, a
visiting card, and a small purse containing two hairpins, coins, three pearl studs, a
white ear stud, another ear stud of which the bead was lost, and a small puppet seized
by him through Ext. P-31 mahazar. There was a plastic cover containing two passport
size photographs and two stamp size photographs of the deceased, and two Sim cards,
one of Airtel and one of Aircel. There was a remittance slip from the SBI, Palarivattom,
a cash memo of the Reliance hypermarket limited, a pen without top, a black coloured
hair net, a tube of new ponds lotion, Vaseline, fair and lovely etc. He identified all those

materials.
131. According to P.W. 71, at 4 a.m. on 2-2-2011, P.W. 81 C.I. of Police Chelakkara,
along with the 2-3 policemen, approached him and informed him that a girl was
subjected to sexual abuse and a case has been registered for the same. They requested
him to open the ladies compartment in which the deceased was travelling, for a search.
He along with P.W. 34 went over there, opened the said compartment, and paved way
for search.
132. P.W. 81 along with C.W. 137 H.C., C.W. 136 H.C. and P.W. 73 W.P.C. reached the
Shornur Railway Station at 4 a.m. on 2-2-2011 itself and examined the ladies
compartment No. 08495 of Ernakulam-Shornur Passenger Train in which the deceased
had travelled on the date of incident. The train was stationed there in the same state as
it reached during that night. From the floor beneath the wash basin, near the front door
of the bogie, M.O. 19 series of pieces of hair clip, M.O. 23 steel coloured ring of a key
chain, M.O. 24 glass type transparent bead, M.O. 31 plastic button having yellow colour
on one side and M.O. 30 series of three pieces of broken button having violet colour
with writings as 'double', one of which contained thread also, were found. The same
were seized through Ext. P-37 mahazar. P.W. 81 identified the said material objects.
133. P.W. 43 is conducting a stall at the third platform of the Shornur Railway Station.
On 2-2-2011 after 4 a.m. while he was arranging materials for sales by opening his
stall, the police reached there along with P.W. 34 and other railway staff. The Shornur-
Ernakulam Passenger Train came on the previous night was lying in the track in front of
his stall. The ladies compartment, which was the last but one compartment from the
rear end of the train was opened and all of them entered in it. Some materials were
seen lying scattered on the floor of the compartment. He could see M.O. 23 steel ring of
a key chain, M.O. 24 bead, M.O. 19 series portions of a damaged black hair clip, M.O.
30 pieces of button in violet colour and M.O. 31 yellow coloured button. The police
seized the said materials through Ext. P-37 mahazar.
134. According to P.W. 82, on 9-2-2011 at 11.30 a.m., P.W. 41 produced M.O. 9 watch
of the deceased which was entrusted to him by the duty nurse at the MCH, at the C.I.
Office, Chelakkara. P.W. 82 seized the same through Ext. P-35 mahazar.
135. P.W. 41 is the brother's son of P.W. 18. According to him, on 3-2-2011 he had
gone to the Medical College Hospital, Thrissur and saw the deceased. The duty nurse
had handed over M.O. 9 watch of the deceased to him, which he kept and produced
before police, which the police seized through Ext. P-35 mahazar on 9-2-2011. He also
is a signatory to Ext. P-35.
136. According to P.W. 81, the material objects seized from the train compartment,
M.O. 9 watch produced by P.W. 41, and the material objects produced by P.W. 52 were
shown to P.W. 18 and P.W. 6. They identified the same (except M.O. 30 series), as the
articles of the deceased. On 4-2-2011, the aforesaid material objects were shown to
PW. 16, C.W. 45, and another woman named Nimmi John, who were the co-workers of
the deceased at Ernakulam. They also identified the material objects of the deceased.
137. According to P.W. 16, the deceased was using a black coloured LG mobile phone,
which she identified as M.O. 14. She identified M.O. 1 cream coloured Shirt, M.O. 2
Petticoat, M.O. 3 Brassieres, M.O. 7 black coloured bag, M.O. 8 black Pants, M.O. 9
Watch, M.O. 10 churidar and top, M.O. 19 series are the broken portions of a clip, M.O.
21 underwear, M.O. 22 mobile phone charger, M.O. 12 identity card of the Company,
and M.O. 20 hair net issued by the Company, as articles being used by the deceased.

138. P.W. 18 identified M.O. 9 as the watch and M.O. 7 as the bag of the deceased. She
had identified the cream that was inside the bag, the black pants, churidar top,
underwear, identity card, key chain, etc. of the deceased. She identified M.O. 23 steel
ring, M.O. 24 plastic bead and M.O. 16 purse of the deceased. She identified M.O. 25
series of cosmetic items which included 'Fair and Lovely', facial cream etc., which were
found to have been carried by the deceased in the bag. She identified M.O. 26 series ear
studs, hair pin, doll, artificial pearls, portions of ear studs etc. of the deceased.
139. According to P.W. 6, apart from a small gold nose wear, the deceased had no gold
ornaments. He identified M.O. 1, M.O. 7 and M.O. 8 as the dress, M.O. 9 watch, M.O. 10
churidar, and M.O. 16 purse of the deceased. M.O. 11 was the electoral ID card and
M.O. 12 was the ID card issued by the Company where she was employed. He identified
M.O. 13 series as her photographs.
140. P.W. 51 is working as the Assistant Director (Physics) at the Forensic Science
Laboratory, Thiruvananthapuram. According to her, the buttons in this case were
received by her for scientific examination and she prepared and issued Ext. P-2 report
after comparative examination of the said buttons with the buttons of M.O. 6 shirt. It
was M.O. 30 button which was subjected to comparative examination by her. She made
the comparative study with M.O. 33 series buttons removed from M.O. 6 shirt.
According to her, M.O. 30 and M.O. 33 series are the burtons of M.O. 6 shirt. She
furnished the following opinion in Ext. P-2 report:
pieces of buttons contained in item No. 16 and the buttons collected from the
shirt, item No. 17 are the same.
141. P.W. 51 has examined item No. 17 with the buttons in item No. 16. Colour, size,
style and cast mark are the same. Item No. 17 is M.O. 6 shirt with the buttons. It is a
full sleeve dark gray colour shirt with saffron blue and gray colour lines and designs
and bearing tailor's label "Karl Hogan Formals by double bull". The name "double" was
seen written on the buttons also. The said cast mark is there on M.O. 30 as well as M.O.
33 series. All those buttons are in deep violet colour. Holes in all those buttons are
similar. There are seven button holes in M.O. 6 shirt including that of the collar button.
Two holes each are there on the handcuff. Three buttons each from the handcuff and
two buttons from the front side at the bottom were the buttons removed. Ext. P-46 is
the forwarding note received by her. One out of the three pieces of M.O. 30 contained
thread also. She compared that thread with the thread by which other buttons on the
shirt were stitched, and it was found that all the threads were the same.
142. P.W. 79 has been working at M.C.H. Thrissur for the last three years in Neuro
Surgery. He has 12 years' service in Neuro Surgery. He had attended the deceased and
the particulars of his treatment are included in Ext. P-4 case sheet. Ext. P-4(a) page 17
of Ext. P-4 shows his first consultation of the patient at 1.10 a.m. on 2-2-2011. The
patient was fully unconscious and was in ventilator. The G.C.S. was 3/15, which means
that she was almost dead. B.P. was very low. C.T. was taken and he started the
medicine. His second consultation was at 8 a.m. on 2-2-2011, and the particulars of the
same are shown in Ext. P-4(b) page 21 in Ext. P-4.
143. Again, the patient was in ventilator, in very critical condition. Ext. P-4(c) page No.
31 contains his third consultation, which was on 3-2-2011 at 8. a.m. The condition was
very critical as that of the previous days. Ext. P-4(d) page No. 37 contains the
particulars of the meetings of the Medical Board at 10.30 a.m. on 4-2-2011, and their
findings. B.P. was very low even on supportive medicines. She was unconscious, and on

ventilator. As per the opinion of the Board, he has repeated the C.T. Scan.
144. Ext. P-4(e) page No. 49 contains the findings of the C.T. Scan on 4-2-2011. There
was increase in the size of the haemorrhage. Adjacent brain edema was increased. Mass
effect and midline shift increased. Therefore, the Board decided for surgery on the
brain. Surgery was done from 3.30 p.m. to 6.30 p.m. on 4-2-2011. In the surgery, he
removed the haemorrhage, and removed a bone flap from the skull to reduce the brain
edema. That bone flap was kept in her abdomen. Ext. P-4(f) page No. 10 contains the
surgical operation notes. The condition of the patient continued as the same. The
patient was in the ventilator throughout.
145. Ext. P-4(g) page No. 57 contains the Medical Board meetings and findings at 11
a.m. on 5-2-2011. The condition of the patient was the same, and there was no
improvement. Ext. P-4(i) page No. 75 contains his next consultation, at 8.30 a.m. on 6-
2-2011. Condition was very bad. Peripheral pulses were not felt. They continued the
same medicines. Ext. P-4(j) page No. 93 contains his last consultation at 2.30 p.m. on
6-2-2011. ECG was flat line. B.P. was not recordable. Cardiac sounds were not heard.
C.P.R. was started at 3 p.m. The deceased was declared dead. The deceased was under
his care, and under the supervision of the Medical Board.
146. Dr. Geo was the junior of P.W. 79. The certification of death was recorded by him
as per the direction of P.W. 79. Ext. P-4(k) page No. 1 is the summary sheet. The
Glasgow Coma Score (G.C.S.) of the patient had never improved. She was continuously
on mechanical support, and only on that account she survived. G.C.S. is the
internationally accepted scoring system by which neurological status is assessed. 3-15
is the score rate. 3 is the score of a dead person and, 15 is the score of a living normal
person. At the time of admission, her G.C.S. was '3' and she was sinking and had never
improved. According to him, the head injury sustained to the deceased is one of the
causes of death, and it was very fatal.
147. Due to Thrangaly explosion' all the doctors were present at the casualty during the
night of 1-2-2011, till the early morning of 2-2-2011. He was actually operating on one
of the victims of the fire explosion and he rushed to this victim to attend her, on getting
intimation. They have done the maximum to save the life of the patient.
148. The deceased was declared to be dead at 3 p.m. on 6-2-2011. On receiving the
report regarding the death of the deceased at 3 p.m. on 6-2-2011, P.W. 81 reached the
Medical College, Thrissur, conducted the inquest, and prepared Ext. P-38 inquest report.
He gave requisition for the post-mortem examination. P.W. 6 also was present during
the inquest. P.W. 44 is the Shornur Municipal Councilor, who also was present during
the inquest of the deceased. He affixed his signature in Ext. P-38 inquest report which
was prepared at 4.30 p.m. on 6-2-2011.
1 4 9 . P.W. 22 is a photographer by profession, working at 'Swapna Studio',
Wadakkanchery. As per the direction of the police, he took the photographs of the
deceased during the inquest, at 4.30 p.m. on 6-2-2011, at the Medical College,
Thrissur. He produced the same before P.W. 81 Circle Inspector of Police, Chelakkara at
9 a.m. on 5-3-2011. P.W. 81 seized the same through Ext. P-17 mahazar. He identified
the photographs as M.O. 29 series. The photographs were taken in the digital card.
After taking the print, it was deleted from the memory.
150. During the period of incident, P.W. 68 was working as a Woman Police Constable
at the Cheruthuruthy Police Station. She was engaged in the guard duty of the dead
body of the deceased in this case. By about 6 p.m. on 6-2-2011 the body was entrusted

to her after inquest, for post-mortem examination. She was also present during inquest.
On getting the dead body, she produced the application for post-mortem examination at
the Medical College, Thrissur. As it was late, the post-mortem examination was not
conducted on that day. The body was refrigerated and thereafter at 7 a.m. on the next
morning the body was taken to the post-mortem room.
1 5 1 . According to P.W. 81, on 7-2-2011 P.W. 64 conducted the post-mortem
examination on the body of the deceased, and produced the nail clippings and pubic
hair samples. P.W. 81 seized the same through Ext. P-74 mahazar, and produced it
before court for forwarding to the F.S.L.
152. P.W. 64 is the Professor and Head of Department of Forensic Medicine, Medical
College Hospital, Thrissur. On 7-2-2011 at 7 a.m. a request was handed over to her for
conducting the post-mortem examination on the body of the deceased, aged about 23
years involved in Crime No. 41/11 of Cheruthuruthy Police Station.
153. According to P.W. 64, she joined in the Forensic Medicine as a Tutor in the year
1982 at the Medical College, Kozhikode and worked there till she was transferred to
Thrissur on 7-6-2010. She became a Professor in the year 2001. She had done her
fellowship in 1996 in U.K. under the Greater Manchester Police and Scotland Police--a
combined training. She had undergone training on sexual assault victims' examination
and crisis intervention centre in Manchester. She has been a postgraduate teacher for
several years in her carrier.
1 5 4 . P.W. 64 being the Head of the Department, has conducted this post-mortem
examination, in between 7.15 a.m. to 9.15 a.m. on 7-2-2011, with the assistance of five
other doctors namely, Dr. A.K. Unmesh (D.W. 1), Dr. P.S. Sanjay, Dr. Rajendra Prasad,
V.K., Dr. Anand, T.P. and Dr. Shahida, M.V. P.W. 64 was provided with the treatment
records bearing I.P. No. 2277, Ext. P-4 case sheet, and KPF 102 request of the
investigating officer for autopsy, along with the summary of Ext. P-38 inquest report.
The body was identified by P.W. 68, who was in charge of the body. On conducting the
post-mortem examination, P.W. 64 prepared and issued Ext. P-69 certificate in respect
of the post-mortem findings. She has noted 24 ante mortem injuries, that include
trogenic therapeutically induced injuries which are part of the treatment Her findings in
the post-mortem are as follows:
A. General:
Body was that of a moderately built and nourished adult female of
height 153 cm. and weighing 42 kg. Having medium complexion. Head
was seen bandaged. Hospital dressings were seen also over left side of
abdomen. Face and whole body was edematous. Scalp hair was shaven.
Black eye was present on left side. Eyes were in a closed state
conjunctivae pale and edematous. Subconjunctival haemorrhage
present on left side and corner hazy. Bloodstained mucoid fluid was
seen at nostrils. Tip of tongue was protruding external genitalia showed
injuries--refer below: other external body orifices appeared normal.
Nails were blue.
Rigormortis was fully established and retained all over the body. Post-
mortem staining was on the back aspect not fixed. There was no sign
of decomposition. (Body had been refrigerated).
Subclavian venous puncture marks were seen on right side of front of

chest. Intravenous needle puncture marks seen on front of both elbows
and back of hands. Multiple femoral puncture marks were seen over
both groins. Surgical tracheotomy, tube in situ and healthy found
reverse "?" mark sutured surgical incision of neurosurgery 24 cm. long
on the right frontotempero Parietal region of head (refer below).
B. Injuries (Ante-mortem):
1 . Lacerated wound (2 x 0.2 x 0.5 cm.) with a surrounding abraded
contusion (2.8 x 1.5 cm.) left side of forehead with its upper end 2.5
cm. outer to midline and 5.5. cm. above eyebrow (the wound was seen
sutured). Abraded contusion 2.5 x 1 x 0.6 cm. on left side of forehead
with its inner end 5 cm. outer to midline and 2.5 cm. above eyebrow.
Abraded contusion 5 x 3.5 x 0.5 cm. on right side of forehead just
outer to midline and 1 cm. above eyebrow.
Contusion of left temporalis muscle (8 x 6.5 x 0.6 cm.) involving its
whole thickness. The left orbita margin (upper showed a fissured
fracture, which was seen extending to the left side of frontal bone,
upwards (5.5 cm.) the floor of left side of anterior cranial fossa also
showed fracture, which was extending to the mid portion of bone of
skull up to the pituitary fossa. Traumatic disruption of stem of pituitary
gland. Left frontal lobe of brain showed multiple areas of haemorrhage
(max. size 0.5 cm. with overlying focal subarchnoid haemorrhage).
(Remark hard hit of forehead on a flat surface).
2 . Grazed contused abrasion (vertical graze), 9.5 x 7 cm. on left side
of face from lower margin on left orbit to jaw line. Skin and the
subcutaneous tissue along the outer edge of the injury were seen
contused. The adjoining part of left half of lower lip showed multiple
lacerations (sutured). Laceration 3.2 x 0.3 x 0.5 cm. just below and
parallel to the lip margin of left half of lower lip. Graze abrasion with a
surrounding contusion over an area 9 x 5 x 1.3 cm., vertically placed
on upper part of left side of front of neck and partially involving the
lower jaw margins.
Soft tissues of cheek contused. Maxilla (left cheek bone) fragmented.
The mandible (jawbone) showed a fracture (obliquely placed,
complete) involving the chin. The upper alveolar margin of left side
was seen avulsed upwards exposing the bony structures underneath.
There was recent traumatic loss of incisors on upper jaw, left upper
canine and premolars, lower central incisors and the left lower canine
and Premolars teeth (traumatic avulsion/dislocation-surgical care
given.) (Remark--fall on to smooth surface of rail and gliding forward).
3. Surgical craniotomy wound with sutures, reverse? mark shaped, 24
cm. long, overlying the right side of forehead and adjoining part of
head with its lower back end 1 cm. above the tragus of right ear. The
scalp tissue underneath showed infiltration of blood. A bony flap
measuring about 11 x 9 cm. (involving right side of frontal, temporal
and parietal bones) was seen removed using bun-holes. The dura
showed multiple cuts. Synthetic foam material (surgical) was seen
insitu with overlying surgical sutures (surgical wound).

The right gangliocapsular region showed evidence of surgical
intervention (4.5 x 3.5 x 3 cm. seen packed with gel foam). (Remark-
intermediate coup injury modified surgically).
4. Tracheotomy wound 4 x 0.8 cm. transversely placed on lower part of
front of neck in midline (surgical, healing, healthy).
5. Surgical sutured wound 10 cm. long, transversely placed on left side
of front of abdomen with its inner end 3 cm. outer to midline and 13
cm. below costal margin (surgical, healing, healthy).
6. Abrasion 2.2 x 0.1 cm. vertically placed on left side of front of chest
3 cm. below collarbone and 1 cm. outer to midline. Two curved
abrasions 1 x 0.1 cm. and 0.6 x 0.1 cm. each. 0.5 cm. apart, with a
convexity facing upwards and inwards, the inner one being 10 cm. to
the right of midline just below right collarbone and one similar mark
0.5 x 0.1 cm. just below middle of left collarbone. Abrasion 2 x 1.2 cm.
incorporating curvy linear contused abrasion (0.8 cm., curved down)
on front of left shoulder. (Remark--multiple nail marks along the neck
line of garment).
7 . 'U' shaped linear skin contusion mark on the back of upper chest
(Remark-neck line imprint, pull from front).
8 . Abrasion 3 x 1 cm. on right side of front of chest 2 cm. outer to
midline and 8 cm. above costal margin.
9 . Multiple small abrasions (horizontal placement) over an area 18 x
2.5 cm. to 6.5. cm. separated by intervening normal areas along the
middle of lower part of front of chest and upper part of front of
abdomen overlying the xiphisternum. (Remark-ground contact)
1 0 . Graze abrasion over an area 2-5 x 1.5 cm., overlying the
prominence of hipbone.
11. Two linear abrasions close by each other 1 cm. each just below
injury No. 10.
(Remark-pull on the sash line).
12. Abrasion 2 x 0.7 cm. on outer aspect of right arm 3 cm. above
elbow.
13. Graze abrasions. 7.5 x 5 cm. over the outer-back aspect of right
forearm, 5 cm. below elbow down. Graze abrasions 11 x 3.5 cm. on
outer back aspect of right forearm and adjoining part of wrist in line
with the same.
1 4 . Multiple (four) discrete contused abrasions (each squarish
measuring 1 x 0.8 cm.) over an area 7 x 2 cm. on middle of back of
62.5 x 1.5 cm., right hand overlying the outer four metacarpals.
Contused abrasion 0.6 x 0.5 cm. on back of distal knuckle of right
thumb. Another three similar discrete contused abrasions on the back
of right forearm 12 cm. above these. Together they formed a patterned
picture.

(Remark-crushing in between door and frame).
1 5 . Abraded contusion 2 x 2 cm. (squarish) on outer aspect of left
wrist just above thenar eminence, two small-contused abrasions 5 cm.
below it (0.9 x 0.6 cm.) and contused abrasion of left thumbnail, all in
the same line.
(Remark-crushing of hand between door and frame).
1 6 . Fine abrasions as three parallel lines 1.2 to 1.5 cm. apart
transverse, on the outer aspect and back of left wrist.
17. Grazed contused abrasion 2 x 4 cm. on back of head 5 cm. behind
lower part of left ear. Scalp contusion with edema underneath.
18. Abrasion 3 x 1.5 cm. on back of right shoulder in its upper part.
19. Multiple spotted abrasions over an area 11 x 4.5 cm. on small of
back. Contusion with overlying abrasions 8 x 5.5 x 0.4 cm. on upper
inner quadrant of right buttock.
2 0 . Contused abrasions 1.2 x 1 cm. each on back of both heels.
(Remark-injury No. 17 to 20 suggestive of contact area with ground-
secondary).
21. Abrasion 2 x 1.5 cm. on back of right thigh near its outer aspect,
17 cm. above knee.
22. Abrasion 2 x 1 cm. on front of right knee.
23. Abrasion 2.5 x 2 cm. on front of left knee in its upper part.
24. Abrasion 0.5 x 0.4 cm., 0.4 x 0.3 cm. and 0.3 x 0.2 cm. on the
middle of top of middle three toes of left foot.
(The abrasions were covered by black scabs and the contusions described were
of dark red colour consistent with the duration of injury-more than 5 days).
C. Internal Findings:
Head, neck and Chest: Scalp: Skull see above Brain was soft,
edematous friable of violaceous purple hue to gray matter. Durette's
haemorrhage over the white matte all over and disintegrating with all
its vessels thrombosed suggestive of hypoxic brain damage-ventilator
brain picture.
Neck and its structures appeared normal and intact except for the mild
glottis edema. Air passages were pale. Lungs were heavy, dark red,
firm bits sinking in watertight and left 600 gms. each) and showed with
very minimal areas of aeration at front regions. Chest cavities showed
straw-coloured serous fluid collection--100 ml. each. Heart was normal
in size; valves and chambers appeared normal. The inner 2/3 of
myocardium was pale. Coronary arteries were patent.
D. Abdominal Structures:

Stomach was 3/4th full with dark red fluid (altered blood), without any
unusual smell, mucosa showed erosions at multiple sites. A dislocated
tooth was also seen inside the stomach cavity. There was mucosal
edema of the entire gastrointestinal tract. The loops of intestines were
also edematous. Liver appeared pale. Gall bladder was seen distended
with bile. Spleen and pancreas appeared normal. Both kidneys were
swollen with pale cortex and congested medullary region. Adrenals and
pancreas appeared normal. The peritoneal cavity also showed straw
coloured, serous fluid collection similar to that of the chest cavities.
E. Pelvic Structures:
Urinary bladder was empty. Uterus and its appendages appeared
normal, the cavity was empty; endometrium showed congestion and
the cervical so was circular. The right ovary showed polycystic
changes. Spine was intact.
Vaginal introitus and wall showed contusion all around, most
prominent just behind urethral meatus. Hymen showed a recent
complete tear at about 5 O' clock position and partial recent tear at
about 70' clock positions (as suggested by edema and hyperemia of
edges) and a natural indentation at 10' clock position.
(Remark-recent sexual intercourse).
Samples of blood, viscera, vaginal swabs and smears were preserved
and sent for chemical analysis. Nail clippings and pubic hair samples
were preserved and handed over to the police constable in charge, in a
sealed envelop.
Opinion as to cause of death:
The decedent had died due to blunt injuries sustained to head as a
result of blunt impact and fall and their complications including
aspiration of blood into air passages (during unprotected unconscious
state following head trauma) resulting in anoxic brain damage. She
also showed injuries as a result of assault and forceful sexual
intercourse. She had features of multiple organ dysfunction at the time
of death.
155. According to P.W. 64, injury No. 1 contains three injuries caused due to blunt
force. The said injuries could be caused by forcibly hitting that portion of the head on
several times on a flat hard body, and at least four times that portion of the head
should have been hit against such a flat hard object. According to P.W. 64, injury No. 1
is sufficient to render a victim dazed and insensitive. The said injuries are sufficient to
create inertia which would render the victim non-reactive. The said injuries are
independently sufficient to result in death. The said injuries could be caused only on
hitting that portion of the head repeatedly on a hard flat surface. On sustaining those
injuries, the victim may not become totally unconscious; at the same time, the victim
should have become incapable of doing anything or to react The said injuries were
caused by hitting that portion of the head on the hard flat object, 4-5 times forcibly, by
catching on her hair at the back of the head.
156. P.W. 64 has photographed the said injuries, by using her camera and transferred

it to CD. The CD has been marked as Ext. P-70. It was Dr. Sanjay who had transferred
the photographs from her camera to Ext. P-70. She produced Ext. P-70 before the
investigating officer, who seized it through a mahazar on 3-3-2011.
157. According to P.W. 73 W.C.P.O. attached to the C.I. Office, Chelakkara, P.W. 64
produced Ext. P-70 CD containing the photographs taken during the post-mortem
examination of the deceased and the same was seized through Ext. P-77 mahazar on 3-
3-2011 at 11 a.m., in which she also affixed her signature.
158. According to PW. 64, around 13 teeth of the deceased were lost in injury No. 2.
The grazed contused abrasion could be caused on the fall on a smooth surface of a rail
and by gliding forward, i.e., upwards. On account of injury No. 1, she had become
insensitive, thereby she lost reflex. Therefore, her face has received the whole impact of
her descend. Had she been not dazed and had reflex, she would have stretched her
hands on descend and in such case the major part of the impact would have been
received by the hands. There were no injuries due to the fall on her elbows, wrists, and
inner boarders of forearm. It is evident that she could exercise any reflex in such
descend.
159. P.W. 64 had visited the scene of occurrence along with P.W. 81 on 9-2-2011.
There, she could see 5 tracks and they inter coin and cross. She could realise that the
said injury could be caused on a fall from the train on the cross track. As there are air
cells inside the maxilla, the left cheek bone became fragmented.
160. Regarding injury No. 3, her opinion is that the blood clot seen on the internal
capsule of the right side of the brain could be as a result of injury No. 1 or 2. The same
was surgically removed.
161. According to P.W. 64, she could note down 5 nail marks in injury No. 6 on the
body. The same could be as a result of an attempt to forcibly tear away the cloth of the
deceased downwards by using the right hand from the neck line from the front. Injury
No. 7 could be caused on the forceful pulling of the cloth of the deceased from the neck
line at the front, which resulted in the pressing of the neck line of the cloth at the back.
162. Injury Nos. 8 and 9 could be caused on hitting those parts on the ground and it
could be caused due to the fall. According to P.W. 64, injury Nos. 10 and 11 could be
caused on forcibly pulling the dress worn by the deceased at her waist portion. It could
be caused on account of the fall also.
163. Injury Nos. 14 and 15 are crush injuries to both hands as a result of crushing in
between door and its frame. According to P.W. 64, it could mean that the victim tried to
cling on to the door frame and the door was forcibly closed or slammed to incapacitate
her. Injury No. 16 could be caused on the holding of the left wrist of the deceased by
the assailant forcibly with his right hand.
164. P.W. 64 has clearly stated in evidence that any assault by using both the hands
could not be found on the body of the victim. All the injuries caused due to assault were
caused with the right hand of the assailant. Injury Nos. 1, 6, 7 and 16 would indicate
that the assailant was taller than the deceased and an erect person, who was very agile
(mentally alert and quick) in executing those injuries in rapid succession using his right
hand only. There were no injuries on account of any assault, on the right side of the
victim. No injuries, which were caused by assault by using both the hands or the left
hand, could be seen on the body of the victim. According to her, injuries 6 and 7
followed by injury No. 16, followed by injury No. 1, could be executed within 10-20

seconds. Other injuries (2, 8, 9, 12 and 13) could be caused by dropping her on to the
track. Injury Nos. 17 to 20 are suggestive of contact with ground on second drop where
she was found lying supine. She was in a prone position when she was dropped from
the train and sustained injury No. 2. She would be dazed and unconscious and unable
to correct her to position by herself. She was found later a little away, lying supine. The
blood drops were also found stellated, which indicate that she was dropped there from
at least a height of 50 cms. Injury Nos. 22 to 24 may occur along with injury No. 2, in
the fall.
1 6 5 . No spinal injuries were noted Examination of genitalia showed the findings
consistent with recent sexual intercourse.
166. P.W. 64 was a signatory in Ext. P-3. Prior to the post-mortem examination also,
she had seen Exts. P-3 and P-4. Hymen's tear at 5 O' clock position seen in the post-
mortem correlates with the tear at 4 O' clock position described by the Gynaecologist in
Ext. P-1 certificate. The change happens due to slagging of tissues and loss of tone
after death. She has noted vaginal introitus entry. The wall of vagina showed contusion
all around. It was most prominent just behind the opening of urethra. This along with
hymeneal tears indicates defloration or sexual intercourse on a virgin woman.
167. Injury No. 1 may cause some bleeding from the ethroid fracture at the roof of
nose which could be aspirated. Injury No. 2 causing open injuries in the form of loss of
several teeth and fracture and fragmentation of maxilla and mandible, would have
caused profuse bleeding into the oral cavity. This was aspirated into air passages while
she was left in the supine position which had resulted in anoxic brain damage. Head
injury is very fatal by virtue of its topographic distribution inside the brain or by virtue
of aspiration of blood.
168. According to P.W. 64, in cases of head injury, medix and para medix are advised
to position the patient with head tilted to one side in order to prevent aspiration of
blood. That knowledge is universal. Had she been left in the prone position as such she
laid when she sustained injury No. 2, there would have been minimum chance for
aspiration of blood. But, since she was brought in the supine position probably for
sexual intercourse as indicated by the vaginal findings, she had aspirated blood into the
air passages resulting in anoxic brain damage. Head injury rendering her unconscious
and the oral cavity bleeding followed by leaving her in the supine stage resulting in
aspiration of blood, has resulted in her death. Head injury, oral cavity bleeding, and
leaving her in the supine stage there, are the three sequential events which were fatal
and which had resulted in her death.
169. According to P.W. 64, the deceased had died due to the blunt injuries sustained to
the head as a result of blunt impact and fall and their complications including aspiration
of blood into air passage resulting in anoxic brain damage. She also showed injuries as
a result of assault and forceful sexual intercourse. She had fracture of multiple organ
dysfunctions at the time of death.
170. According to P.W. 64, injury Nos. 1 and 2 are sufficient in the ordinary course of
nature to cause death. Injury Nos. 1 and 2 are fatal. The black eye was due to
infiltration of blood into the loose tissues of the eye lid as a consequence of injury No.
1 or 2 or both. Conjunctival haemorrhage present on left side and bleeding just beneath
the transparent membrane covering the white of the eye. Bloodstained mucoid fluid was
seen at nostrils. Bloodstains may come either from the lungs or from local trauma
Tongue was protruding on account of terminal shock and loss of front teeth. Left side of

the body has suffered hemiplegia or paralysis due to intra-cerebral haemorrhage on the
right side.
171. According to P.W. 64, penetration is essential for tear in the hymen. She collected
and preserved sample of blood, viscera, vaginal swabs and smears, nail clippings and
pubic hair of the deceased and the same were sent for chemical analysis. Ext. P-2 is the
report received from the Forensic Science Laboratory. Item No. 19 series and item No.
20 in page No. 10 of Ext. P-2 were items collected by P.W. 64. Ext. P-71 is the chemical
analysis report in respect of the items preserved by PW 64. Pituitary gland is the master
gland. According to her, change of position from prone to supine, immediately after the
incident had facilitated aspiration of blood from the injured sites into the air passages.
172. According to P.W. 64, contusions in vagina become manifest several hours after
the incident. In this case, the Gynaecologist examined the victim at 1.30 a.m. on 2-2-
2011. It may not develop to manifest externally at that time. Nearly six hours is
required to change the colour (pink colour) of the abrasions. If the examination was
done within six hours of the incident, there is every possibility of missing the same.
173. According to P.W. 64, injury No. 7 ('U' shaped) could be caused by the forcible
pressing of the edges of M.O. 2 petticoat at the back. Injury No. 10 could be caused by
the forcible pulling down of M.O. 8 pants from the waist of the victim.
174. P.W. 64 was subjected to lengthy cross-examination, which in fact, continued for
three days. P.W. 64 has stated in evidence that Ext. P-3 is in her handwriting. During
cross-examination, the defence had no case that the post-mortem was not conducted by
P.W. 64 and the same was conducted by D.W. 1. In fact, a question was put to P.W. 64
as follows: "You have conducted post-mortem with great prejudice?" The lengthy cross-
examination of P.W. 64 clearly denotes that it is the admitted case of the defence that
the autopsy was done by P.W. 64.
175. C.W. 118 Dr. Unmesh, A.K., who was not examined by the prosecution, was cited
by the accused as a defence witness and examined as D.W. 1. According to D.W. 1, he
has been working in the forensic division for the last more than 10 years. Presently he
has been working as Associate Professor and Deputy Police Surgeon, at the Medical
College, Thrissur. After taking MBBS, he took MD in forensic and a degree in forensic
from the National Institute of Forensic Medicine. He has been working at the MCH for
the period from June, 2008 onwards. On 7-2-2011 he was on duty. According to him, it
was he who conducted the post-mortem examination of the deceased in this case. P.W.
64, who is the head of his department, asked him and his junior Dr. Rajendra Prasad to
form a team and to conduct the said post-mortem examination. Complying with that
direction, he along with Dr. Rajendra Prasad conducted the post-mortem examination of
the deceased at 7 a.m. on 7-2-2011. The P. G student of his department, Dr. Anand,
was also present for aiding him, and recorded the facts dictated by him during the post-
mortem examination. Over and above him, a junior of D.W. 1, Dr. Sanjay, had also
assisted them by taking photographs. The House Surgeon in-charge on that day namely
Shahida, and Attenders namely Krishnan and Sathi were also present.
176. According to him, body was received from C.P.O. Sreedevi at 7 a.m., for which
receipt was issued. The fact that the body so received had to be recorded in the register
and the post-mortem detailed notes. The same was done by Dr. Anand. The post-
mortem commenced at 7.05 a.m. and terminated at 9.10 a.m. By 7.30 a.m., P.W. 64
also had reached the room. According to D.W. 1, a certificate prepared in his
handwriting and that of Dr. Anand was handed over to P.W. 64 for producing before

court, which according to his memory, was on 15-2-2011. He has not affixed his
signature in Ext. P-69. On all pages of the certificate prepared by him, he along with Dr.
Rajendra Prasad had affixed their signatures. When he was asked as to what happened
to the certificate handed over to P.W. 64, he answered that he did not know it.
According to him, that certificate was prepared on 7-2-2011, and delay had occurred to
get it typed.
1 7 7 . D.W. 1 was subjected to searching cross-examination by the learned Special
Public Prosecutor. According to D.W. 1, he realised that Ext. P-69 is the post-mortem
certificate of the deceased. When he was asked as to the time up to which he was on
duty on 6-2-2011, he answered that it was till 6 p.m. Including P.W. 64, six doctors and
two postgraduate students have been working in their department. His usual duty time
is from 6 a.m. to 4 p.m. Usually post-mortem examinations are being conducted during
9 a.m. to 4 p.m. only. When he was asked whether the autopsy was conducted in the
presence of P.W. 64, he answered that P.W. 64 came only after his noting down the
injuries and while he was opening the body. He admitted that P.W. 64 had also taken
some photographs by using her camera. When he was asked whether the post-mortem
examination was conducted in the presence of the police, he denied it and stated that
P.W. 81 was called and one injury was shown to him.
178. According to him, P.W. 64 had called him over phone after 6 p.m. on the previous
day and directed him and Dr. Rajendra Prasad to conduct the post-mortem examination
of the deceased at 7 a.m. on 7-2-2011, and asked him to make all arrangements for the
same, and further told him that there was special direction for the same from the
District Collector named Thomas. When it was suggested that no post-mortem
examination could be conducted prior to 9 a.m. without the permission of the
Department Head, he admitted it as correct. When it was suggested that the Department
Head has to certify the post-mortem being conducted under the leadership of the
Department Head, he admitted it as correct. He admitted that he had no written
authorisation or order from P.W. 64 for enabling him to conduct the post-mortem
examination of the deceased, and stated that there was only telephonic message. When
he was asked as to when the body was received after inquest on 6-2-2011, he answered
that he did not know it. According to him, he received the inquest report at 7 a.m. on 7-
2-2011.
179. When he was specifically asked as to whether he had called P.W. 64 over phone
on 6-2-2011, he admitted it and revealed that he had contacted her over his mobile
phone in between 4 p.m. and 6 p.m. in the presence of the District Collector and
Minister K.P. Rajendran, and they also talked to P.W. 64. He admitted that even though
all of them contacted P.W. 64 over phone, she did not give permission to conduct the
post-mortem examination on that day. According to him, he was asked to conduct the
post-mortem on the next day as it was late when the body was received after the
inquest. According to him, he happened to reach there on 6-2-2011 as he was called by
Dr. Rajendra Prasad to clarify a doubt. He was not on duty on that day. There is an
allowance of ' 290 for each post-mortem examination. When he was asked whether he
had received such allowance in this case, he gave an evasive reply that he did not know
it and that the allowance bill for each month was being prepared by the Department
Head and the Confidential Assistant. According to him, he could not say whether he had
received such an allowance in this case without verifying the records. When it was
suggested that it was P.W. 64 who conducted the post-mortem examination in this case,
and he had only assisted her as the department doctor, he denied it and has gone to the
extent of stating that P.W. 64 had not even worn a pair of gloves on that day. When it
was suggested that he along with Dr. Anand had taken down the notes narrated by P.W.

64, who conducted the post-mortem examination of the deceased, he answered that Dr.
Anand had taken down the notes of the post-mortem examination being conducted by
him and Dr. Rajendra Prasad as per the direction of P.W. 64.
180. When he was asked whether he was deposing falsehood before court on account
of his enmity towards P.W. 64 as she had denied permission to conduct the post-
mortem examination on the body of the deceased in this case after 6 p.m. on 6-2-2011
even though he along with the District Collector and the Minister had sought for her
permission at his instigation, he answered that he had reached the MCH on 6-2-2011 in
connection with the inquest of the deceased in this case, and that he had no special
interest to conduct the post-mortem. He admitted that forensic experts will never
interfere in the inquest, and that in this case also he had not interfered in the inquest.
181. D.W. 1 was recalled under Section 311 Cr.P.C. on 15-10-2011 by the court below
and examined as C.W. 1. The original file of the post-mortem in this case (Post-mortem
No. 176/11) from the Department of Forensic Medicine, Medical College, Thrissur along
with post-mortem notes were obtained and marked as Ext. C-1. The same was handed
over to C.W. 1.
182. When he was examined by the court, he stated that there are 28 pages in Ext. C-
1. According to him, pages from 11 to 21, 25 and 26 were prepared by him and Dr.
Rajendra Prasad, signed, sealed and submitted by him, and the other pages were not
submitted by him. The papers submitted by him contained his handwriting and that of
Dr. Anand. (He compared Ext. P-69 with his notes.) According to him, there is no
difference in the findings in Ext. P-69 and the post-mortem notes written by him. Some
different words are seen used; but according to him, the meaning of those words are
the same and there is no difference at all. According to him, they had mentioned the
cause of death in the notes and the certificate prepared by him and Dr. Rajendra Prasad,
typed and submitted. Further, according to him, as per the findings entered by him and
Dr. Rajendra Prasad who had done the post-mortem examination, the deceased died on
account of the blunt force sustained to her head. They had also found that the deceased
was subjected to sexual harassment. He admitted that the entry in Ext. C-2 Post-mortem
Register on 7-2-2011 marked as Ext. C-2(a), is in his handwriting. According to him, he
had entered his name and that of Dr. Rajendra Prasad in Ext. C-2(a) on 7-2-2011, and
after that as per the direction of P.W. 64, her name was also incorporated in the portion
at the top of their names.
183. C.W. 1 was cross-examined by the learned counsel for the accused, in which he
has stated as follows: He had commenced the post-mortem examination at 7.05 a.m.
and concluded it at 9.10 a.m. When he was asked that as per Ext. C-1 report prepared
by him, the post-mortem was commenced at 7.15 a.m. and concluded at 10.15 a.m., he
answered that he could not say it as page No. 5 did not contain his signature. When it
was suggested to him that P.W. 64 had not reached there during the time from 7.15
a.m. to 10.15 a.m. and has not participated in the post-mortem examination, he
answered that P.W. 64 had reached there by 7.30 a.m. According to him, he along with
Dr. Rajendra Prasad conducted the post-mortem examination, and there was partial
presence of P.W. 64. According to him, it was signed along with Dr. Rajendra Prasad
who conducted the post-mortem examination as per the direction of P.W. 64. When it
was suggested that till 10.15 a.m. on 7-2-2011 his name and that of Dr. Rajendra
Prasad only were there in Ext. C-2 and the name of P.W. 64 was subsequently entered
in it, he answered that it was so entered on a near date and he did not remember that
exact date. After entering the opinion, he along with Dr. Rajendra Prasad had affixed
their signatures and affixed seal also on the left side, after entering the word

'conclusion'. The signature of P.W. 64 was affixed at 10.15 a.m. P.W. 64 has entered at
its right side as 'modified to include details' and also 'see above'. When it was
suggested to him that many corrections had been made in the post-mortem draft
written/prepared by him, he answered that the interpretation of the injuries are seen
included.
184. He was cross-examined by the learned Special Public Prosecutor. He admitted that
pages 1 to 8 in Ext. C-1 are the copy of Ext. P-69. When he was asked whether pages 9
and 10 contain the post-mortem draft prepared by P.W. 64, he answered that it is in the
handwriting of P.W. 64. He admitted that pages 11, 12 and 13 of Ext. C-1 are the 102
Form signed by the investigating officer, for post-mortem. He was specifically asked
whether he had entered in page No. 11 in the seal, 'received at', 'Doctor', 'to do the
case', 'and to assist' and also at the face of the seal as '7 a.m.', '7-2-2011', 'SV/AKU/RP'
and 'P.M. No. 176/011' in his handwriting. He answered that '7 a.m.' '7-2-2011',
'T.S/EVK 176/011' were the entries made by Dr. Anand, and the entries as 'AKU/RP', 'to
do the case' were written in his handwriting and that he had affixed his dated initial in
it. According to him, on the left side he had affixed his dated signature also. According
to him, the term 'SV' is seen written on the left side of the term 'AKU' and that term 'SV'
was not entered in his handwriting. He denied the suggestion that all the said entries
were made in the same handwriting in the same ink. 'SV' denotes Sherly Vasu, 'AKU'
denotes A.K. Unmesh, 'RP' denotes Rajendra Prasad, 'T.S' denotes T. Sathi and 'EVK'
denotes E.V. Krishnan.
185. When it was suggested to him that the signature of P.W. 64 was affixed below it,
he answered that it could be seen. He admitted that in page No. 12 the person to whom
it was addressed is the 'Professor and Police Surgeon, Government Medical College,
Thrissur (M.G. Kavu)'. According to him, all the post-mortem requisitions to Thrissur
Medical College is addressed to that address. He admitted that there is an entry at the
bottom made by P.W. 64 as 'urgent', 'Dr. A.K.U. and Dr. R.P. to prepare draft and
submit, case sheet is entrusted to you please return it immediately after drafting to Dr.
P.K. Mohan'. According to him, as per the said direction he had immediately submitted
draft, thereafter the certificates were typed and signed by him and Dr. Rajendra Prasad
and submitted before P.W. 64.
1 8 6 . Pages 14 and 15 in Ext. C-1 contain the forwarding note for forwarding the
samples taken from the body of the deceased in the post-mortem examination, for
chemical examination. He admitted that usually either the doctor who conducts the
post-mortem, or if it is a team, the Senior Doctor in it used to affix the signature in
such forwarding note. He admitted that the said forwarding note was issued by him, and
signed by him 'for Dr. Sherly Vasu, who is the Professor of his Department'.
187. According to him, it is not fully correct to say that pages 16 to 26 in Ext. C-1
contained the post-mortem notes. His version is that pages 16 to 21, 25 and 26 only
were the papers submitted by him in the post-mortem notes which contained his
handwriting and that of Dr. Anand. He admitted that entries in black ink in the
handwriting of P.W. 64 are there in pages 16 to 21, 23, 24, 25 and 26. Handwriting in
the direction contained in page 26 as 'modified to include the details to see above' is
also in the handwriting of P.W. 64, and her signature is also there.
188. He has specifically admitted that as per Ext. C-2, 42 post-mortems only were
allotted to him in the month of February, 2011. At the same time, according to him, he
had done 43 post-mortems in February, 2011 including this joint post-mortem. He
admitted that he had accepted an amount of ' 12,150 (probably ' 12,180) at the rate of '

290 for each post-mortem in respect of a total number of 42 post-mortems conducted
by him during the month of February, 2011, from the Treasury, as allotted to him by the
Principal.
189. In page 11 of Ext. C-1, it has been specifically written that the said post-mortem
was assigned to SV/AKU/RP The names of the Technical Assistants are also seen written
in the same ink and the same handwriting as 'T.S' and 'EVK'. In cross-examination,
D.W. 1 has taken the stand that the other terms except 'SV' were written by him in his
own handwriting at 7 a.m. on 7-2-2011, and it contains his signature. He has taken the
stand that the term 'SV' was subsequently added and it was not done by him.
190. We have perused the said document, and satisfied that the said entries were made
at the same time, in the same handwriting by using the same pen, with the same ink.
The terms were seen filled up in spaces in a seal affixed. If the term 'SV' was
subsequently added as narrated by D.W. 1, he would have kept almost the first half of
that short space vacant and would have filled in the term 'AKU/RP' at the extreme right
half of that space, which is not normally expected from a normal human being who fills
up such a short space. Even on a bird's eye view, it is evident that the term 'SV/' and
the term 'AKU/RP' were filled in together contemporaneously by the very same person,
at the very same time, by using the very same pen, and the very same ink. When we
have pointed out that aspect to the learned senior counsel for D.W. 1, he had no
explanations to offer on it. As rightly found by the court below, the said evidence of
D.W. 1 on that aspect is false and unbelievable.
191. When D.W. 1 was asked whether he was allotted with 42 post-mortems only
during the month of February 2011, the stand taken by him was that he had done 43
post-mortem examinations during that month including the joint post-mortem in this
case. At the same time, when he was examined as C.W. 1, he admitted in the cross-
examination by the learned Special Public Prosecutor, that he had received post-mortem
allowance for 42 post-mortems only for the month of February, 2011 which was
sanctioned to him by the Principal of the Medical College, and drawn by him from the
Treasury. Had he been authorised and conducted the post-mortem examination in this
case by leading the team, definitely he would have claimed the amount of ' 290 as
allowance for the post-mortem examination in this case also. There is absolutely
nothing to disbelieve the versions of P.W. 64 that the post-mortem was conducted by a
team led by her. It has come out from the versions of D.W. 1 that there were attempts
from his part through the then District Collector and the Minister for obtaining
permission from P.W. 64 for the conduct of the post-mortem examination in this case in
the evening of 6-2-2011, to which she had not heeded, as this post-mortem had to be
conducted in daylight. The versions of D.W. 1 clearly spell out the enmity in his mind
towards P.W. 64. It is evident that he wanted to settle scores with P.W. 64, for which he
has practically misused his position to have a bargain with the mutilated body of the
poor victim in this case, which is quite normally unheard of.
192. The learned Special Public Prosecutor has invited our attention to the contents of
Ext. C-1 post-mortem notes. Originally what was scribbled in it as to the cause of death
was "death was due to blunt injury sustained to head and there were injuries of sexual
assault". According to the learned Special Public Prosecutor, the same was only a
cryptic report, which even did not reveal the necessary ingredients to constitute the act
of forceful sexual intercourse committed by way of rape on the victim as the terms used
were vague and therefore, P.W. 64 who had conducted the post-mortem examination,
had to incorporate necessary details by way of corrections, and the same were
contemporaneously made by her.

193. The learned Special Public Prosecutor has invited our attention to G.O. (MS) No.
364/68/Home dated 14-10-68 issued by the Home (A) Department,
Thiruvananthapuram in respect of the duties and responsibilities of Police Surgeons. As
per the same, the Police Surgeon shall conduct all Medico-legal autopsies in the hospital
to which he is attached and he shall personally attend to cases of homicide, traffic
accidents, suspicious deaths and other important cases. His assistants may conduct
autopsies for all other simple deaths when the cause of death is reasonably certain in
the opinion of the Police Surgeon.
1 9 4 . This being a case which had invited serious public attention, the aforesaid
directions in the Circular come into play and it is the Police Surgeon who is none other
than P.W. 64 had to conduct the autopsy in this case. The learned Special Public
Prosecutor has produced the extract of the Government Order applicable to all
Government Hospitals in Kerala, which states as follows:
The Director and Professor of Forensic Medicine state that no post-mortem
should be conducted after 4 p.m. since a thorough post-mortem took out 1-1
1/2 hours and since it has to be done only in natural day light, cases cannot be
accepted after 4 p.m. limit. This is the practice followed in all Medical Colleges
and throughout the world.
By the Order of the Governor,
Secretary to Government.
195. The Government of Kerala has issued Circular No. 18023/H1/86/Home dated 4-9-
1986 thereby making clear that it is always safe to conduct the post-mortem during day
time so as to ensure credence to the post-mortem certificates by courts.
196. We have perused Ext. C-2 Post-mortem Duty Assignment Register of the Medical
College, Thrissur. Ext. C-2(a) is the entry in respect of the post-mortem examination in
this case made on 7-2-2011. D.W. 1 has admitted that the said entry was made by him
in his own handwriting. The handwriting of D.W. 1 is peculiar, which can easily be
identified. According to D.W. 1, he had entered the names of the doctors to conduct the
post-mortem examination as 'Dr. Unmesh/Dr. Rajendra Prasad' and subsequently the
name of 'Dr. Sherly Vasu' (P.W. 64) was incorporated at the top of their names in
Column No. 3 of Ext. C-2(a) as per the direction of P.W. 64. On a perusal of Ext. C-
2(a), it can be seen that the said claim made by D.W. 1 is also false. The name of 'Dr.
Sherly Vasu' in the first line and below it, the names of 'Dr. Unmesh/Dr. Rajendra
Prasad' are seen entered contemporaneously by D.W. 1 in his own handwriting. All the
said entries in column No. 3 are within that column itself. The entries made by him in
column No. 4 and column No. 5 of Ext. C-2(a) are just on the middle of those columns.
The entries of the names of the said three doctors in column No. 3 are also in the
middle of that column, and it is not at the upper line or the lower line of that column.
Ext. C-2 clearly shows that on 5-2-2011 and 6-2-2011 D.W. 1 had not conducted any
post-mortem examinations. All the post-mortems on those two days were conducted by
Dr. Rajendra Prasad.
197. From all the above, it is evident that there was a conscious attempt from the part
of D.W. 1 to settle scores with P.W. 64 out of his personal animosity and departmental
feud towards her. It is pertinent to note that the accused has chosen D.W. 1 as his
witness to speak against P.W. 64. It has clearly come out that D.W. 1 has misused his
position by speaking against the acts done by P.W. 64 in the matter. The entire
evidence relating to the post-mortem examination of the deceased in this case, clearly
reveals that the post-mortem examination was conducted by a team of doctors under

the leadership of P.W. 64, and that P.W. 64 conducted the post-mortem with the
assistance of the other members of the team including D.W. 1. Even though there was a
conscious attempt from the part of D.W. 1 as aforesaid to damage the evidence of P.W.
64, admittedly he has no complaints with the contents of Ext. P-69. D.W. 1 has no case
that the contents of Ext. P-69 are not correct. He has practically admitted that P.W. 64
has used some different words other than the words used by him; but such words carry
the same meaning. Apart from some explanations incorporated regarding the injuries,
even according to D.W. 1, the injuries, observations and findings entered in Ext. P-69
are the same as those observed and found by him also.
198. Regarding expert opinion, the Apex Court in Ramesh Chandra Agrawal v. Regency
Hospital Ltd. and others MANU/SC/1641/2009 : (2009) 9 S.C.C. 709 held as follows:
The law of evidence is designated to ensure that the court considers only that
evidence which will enable it to reach a reliable conclusion. The first and
foremost requirement for an expert evidence to be admissible is that it is
necessary to hear the expert evidence. The test is that the matter is outside the
knowledge and experience of the layperson. Thus, there is a need to hear an
expert opinion where there is a medical issue to be settled. The scientific
question involved is assumed to be not within the court's knowledge. Thus
cases where the science involved, is highly specialized and perhaps even
esoteric, the central role of an expert cannot be disputed. The other
requirements for the admissibility of expert evidence are:
(i) that the expert must be within a recognized field of expertise,
(ii) that the evidence must be based on reliable principles, and
(iii) That the expert must be qualified in that discipline.
199. The opinion as to the cause of death in a case of murder is an opinion relating to
science. As per Section 45 of the Indian Evidence Act, when the court has to form an
opinion upon such a point of science, the opinion of persons specially skilled in such
science upon that point is a relevant fact and such person can be called as an expert.
The importance of that provision has been explained in State of H.P. v. Jailal (1997) 7
S.C.C. 280. In order to bring the evidence of a witness as that of an expert, it has to be
shown that he has made a special study of the subject or acquired a special experience
therein or in other words that he is skilled and has adequate knowledge of the subject
The real opinion of the expert is to put before the Court, all the materials, together with
the reasoning which induce him to come to the conclusion, so that the court, although
not an expert, may form its own judgment by its own observation on those materials.
200. In Ramesh Chandra Agrawal's case (supra), it was held:
An expert is not a witness of fact and his evidence is really of an advisory
character. The duty of an expert witness is to furnish the Judge with the
necessary scientific criteria for testing the accuracy of the conclusions so as to
enable the Judge to form his independent judgment by the application of these
criteria to the facts proved by the evidence of the case. The scientific opinion
evidence, if intelligible, convincing and tested becomes a factor and often an
important factor for consideration along with other evidence of the case. The
credibility of such a witness depends on the reasons stated in support of his
conclusions and the data and material furnished which form the basis of his
conclusions.

201. Without examining an expert as a witness in court, no reliance can be placed on
an opinion alone. The value of the opinion of the expert rests on the facts on which it is
based and his competency for forming a reliable opinion. The evidentiary value of the
opinion of the expert depends on the facts upon which it is based and also the validity
of the process by which the conclusion is reached. It is true that the importance of an
opinion is tested on the basis of the credibility of the expert and the relevant facts
supporting the opinion so that its accuracy can be crosschecked. Emphasis should be
given to the data on the basis of which such opinion has been formed. On a perusal of
the data furnished by P.W. 64 through her evidence as well as the contents of Ext. P-69,
and also the facts narrated by her in order to support her opinion, we are satisfied that
the opinion as to the cause of death furnished by P.W. 64 can only be accepted. The
evidence clearly reveals the competency of P.W. 64 and her credibility as an expert in
the field.
202. Through out, the deceased remained unconscious after her cries from the train
and her dropping from the train to the track, till her death. P.W. 37, who examined the
deceased at about 11 p.m. on 1-2-2011 and issued Ext. P-32 wound certificate, could
see that her pupil was not reacting to light and the G.C.S. was even E.I. M2 V.I. She
had respiratory difficulty and strider was present. According to him, she was sinking
and was struggling for life. The G.C.S. was only 4. It has to be noted that the G.C.S. is
3 in a dead body and is 15 in a normal human being. She was almost dead and as
observed by the court below, it was a living death. The medical findings indicate a
definiteness and certainty of death and not a mere probability. She was connected to
ventilator and the life in her was prolonged only on medical support, i.e., on
tracheotomy and ventilator support. According to P.W. 37, the head injury suffered by
the deceased was sufficient in the ordinary course of nature to cause the death.
203. According to P.W. 1, who examined the deceased at the casualty of the Medical
College Hospital, Thrissur at 1.30 a.m. on 2-2-2011, the deceased was dangerously ill
and her life could not be extended without medical support. Even when she was brought
to the casualty, she had suffered left hemiplegia. According to P.W. 1, her condition was
imminently dangerous and death was the most probable result and that the death was
immediate and close at hand.
2 0 4 . From the evidence of P.W. 79, Chief Neuro Surgeon of the Medical College
Hospital, Thrissur, the deceased was continuously on medical support only, and only on
that account she survived till 6-2-2011. The evidence revealed that even when she was
brought to the casualty she was in a vegetable state and B.P. was very low. She was
fully unconscious and was in ventilator. Even after surgery, her condition never
improved, and continued to be worse. Finally, her death was declared at 3 p.m. on 6-2-
2011. According to P.W. 79, the head injury is one of the causes of the death and that
the said injury was very fatal.
205. The post-mortem examination was conducted by P.W. 64 with the assistance of
five other doctors, including D.W. 1. Her opinion as to the cause of death of the
deceased is that the deceased had died due to blunt injuries sustained to her head, as a
result of blunt impact and fall and other complications including aspiration of blood into
air passage resulting in anoxic brain damage. P.W. 64 also noted the injuries as a result
of assault and forcible sexual intercourse. The deceased had features of multiple organ
dysfunction at the time of death. There is absolutely no reason to disagree with the
findings entered by P.W. 64 in Ext. P-69 post-mortem certificate and also the findings
and observations of P.W. 1, P.W. 37 and P.W. 79. There cannot be any better opinion as
to the cause of death of the deceased, than the one expressed by P.W. 64 in Ext. P-69.

We fully endorse the findings entered by P.W. 64 in Ext. P-69 and find that the
deceased had died due to the blunt injuries sustained to head as a result of blunt impact
and fall and other complications including aspiration of blood into air passages,
resulting in anoxic brain damage, and that the death is homicidal. We further find that
she was brutally raped.
206. The reliefs sought for by D.W. 1 as petitioner in Crl. M.C. 125 of 2012 is to get
the remarks and observations as against him in paragraphs 85, 86, 88, 89 and 155 in
the impugned judgment made by the court below, expunged.
207. In paragraph 20 of the Crl. M.C., the petitioner has extracted those remarks and
observations made by the court below. It reads thus:
(i) In paragraph 85 it is observed as follows:
Therefore, the evidence of Dr. Unmesh regarding the same is false and
unbelievable.
In the same paragraph it is recorded as follows:
From the available materials, it is evident that post-mortem was
conducted by a team of doctors under the leadership of Dr. Sherly Vasu
and there is no merit in the contention of Dr. Unmesh that post-mortem
was done by him along with his junior and not by Dr. Sherly Vasu. It is
false and contrary to materials available before me. Hence,
unbelievable.
(ii) In paragraph 86 it is observed as follows:
It is known to D.W. 1 that Ext. C-1 is only a contemporary note
prepared at the time of post-mortem and he had come to the court
intentionally hand in glove with the defence intending thereby to save,
or knowing it to be likely that he will thereby save the accused from
legal punishment, or subject him to a less punishment. He being a
public servant knowingly disobeys the directions of law as to the way
in which he is to conduct himself as such public servant. He was picked
and chosen by the defence knowing his everlasting departmental feud
with Dr. Sherly Vasu. In the cross-examination, the learned Prosecutor
has asked requisite questions regarding the same and his answers
made it clear that he has deep rooted personal enmity and
departmental feud with his superior, Dr. Sherly Vasu. He has knowingly
made use of the court proceedings to pay off his old scores. In the
cross-examination, D.W. 1 stated that there are corrections, erosion
and additions in his notes and Ext. P-69 contains additions.
(iii) In paragraph 88, with reference to Ext. C-1, it is recorded as follows:
It is therein stated that 'death was due to blunt injury sustained to head
and there were injuries of sexual assault'. It is a cryptic report based it
on conjectures and inherently defective.
(iv) In paragraph 89 with reference to Ext. C-1 itself it is recorded as follows:
It is not a complete and final report. It was prepared as a note
(contemporary) at the time of post-mortem. Some columns were left

blank and those columns were filled up by Dr. Sherly Vasu (P.W. 64).
It is known to D.W. 1. Opinion of cause of death is also modified and
details are added separately in each column. It is an admitted fact that
all columns in the report contains the writings of Dr. Sherly Vasu as the
head. Ext. C-2 is the register of post-mortem kept in Medical College
Hospital, Thrissur. Ext. C-2(a) is the relevant entry made by D.W. 1, in
his own handwriting. It is specifically stated therein that the post-
mortem of Soumya was conducted by Dr. Sherly Vasu (P.W. 64). Dr.
Unmesh (D.W. 1) and Dr. Rajendra Prasad (C.W. 119) on 7-2-2011.
According to Dr. Unmesh, the name of Dr. Sherly Vasu was written by
him in his own handwriting as requested by P.W. 64. But he does not
know the date when it was done. He has intentionally evaded from
giving a definite answer. I have perused Ext. C-2 and C-2(a) and I am
satisfied that Ext C-2(a) entry was made by him at the same time with
the same ink and pen. Considering the entire evidence, I am of the
opinion that there is merit in the contention of learned Prosecutor. I am
satisfied that post-mortem detailed note and Ext. P-69 findings are as a
result of a team work as deposed by Dr. Sherly Vasu (P.W. 64) and the
claim of Dr. Unmesh is false and without any basis and it is evident
from the answers given by Dr. Unmesh (D.W. 1) in the cross-
examination of the learned Public Prosecutor. That is why, Dr. Unmesh
had clandestinely admitted the contents of Ext. P-69 and the findings of
Dr. Sherly Vasu later. He categorically stated that the opinion as to
cause of death noted in Ext. P-69 and the opinion as to cause of death
noted in the post-mortem detailed note (Ext. C-1) are the same and
there is no difference in the contents. Considering the entire evidence, I
am satisfied that the post-mortem was done under the supervision of
the head of the department Dr. Sherly Vasu as deposed by her and her
evidence is convincing. On the other hand, the evidence of Dr. Unmesh
regarding the same that Dr. Sherly Vasu did not conduct the post-
mortem is false and unbelievable. He has given evidence as D.W. 1
intentionally with some ulterior motive knowing that his evidence is
false.
(v) In paragraph 155 it is recorded as follows:
But the respondent herein Dr. Unmesh (D.W. 1) deposed intentionally
before court, that post-mortem was conducted by him and not by Dr.
Sherly Vasu. She did not even wear a glove at the relevant time.........
Office is directed to file a written complaint before the concerned
Magistrate Court against Dr. Unmesh for having committed the offence
punishable u/s. 193 of IPC before this Court.
208. The learned Senior Counsel for the petitioner has relied on the decision in State of
Uttar Pradesh v. Mohammad Naim MANU/SC/0062/1963 : A.I.R. 1964 S.C. 703, wherein
it was held that the High Court can, in the exercise of its inherent jurisdiction, expunge
remarks made by it or by a lower court if it be necessary to do so, to prevent abuse of
process of the court or otherwise to secure the ends of justice, but the jurisdiction is
however of an exceptional nature and has to be exercised in exceptional cases only.
209. In the decision noted in State of Uttar Pradesh's case (supra), it was further held
as follows:

It is a principle of cardinal importance in the administration of justice, that the
proper freedom and independence of Judges and Magistrates must be
maintained and they must be allowed to perform their functions freely and
fearlessly and without undue interference by any body, even by the Supreme
Court. At the same time it is equally necessary that in expressing their opinions
Judges and Magistrates must be guided by considerations of justice, fair-play
and restraint.
It is not infrequent that sweeping generalisations defeat the very purpose for
which they are made. It has been judicially recognised that in the matter of
making disparaging remarks against persons or authorities whose conduct
comes into consideration before courts of law in cases to be decided by them, it
is relevant to consider (a) whether the party whose conduct is in question is
before the court or has an opportunity of explaining or defending himself; (b)
whether there is evidence on record bearing on that conduct justifying the
remarks; and (c) whether it is necessary for the decision of the case as an
integral part thereof, to animadvert on that conduct. It has also been
recognized that judicial pronouncements must be judicial in nature, and should
not normally depart from sobriety, moderation and reserve.
210. It was a case wherein the Apex Court was dealing with a situation wherein some
disparaging remarks were made by the learned Additional Sessions Judge, as against
the entire police force of a State. In the facts and circumstances of the case in hand, the
said decision has no application at all. In this case, the party whose conduct is in
question, was before the court and he was given an opportunity to explain or defend
himself. As we have already found, the evidence on record appearing on the conduct of
the petitioner are justifying the remarks, and that the said remarks and observations
from the integral part of the impugned judgment The said observations had to be
entered by the court below to disbelieve the portions of the deposition of the petitioner
so far as it were contrary to the evidence adduced by P.W. 64. Those remarks and
observations were absolutely necessary in order to disbelieve D.W. 1 and to rely on the
valid evidence adduced by P.W. 64. We further find that those observations and remarks
were absolutely necessary for entering the finding and the decision in the case. Matters
being so, the decision noted in State of Uttar Pradesh's case (supra) has no application
in this case.
211. The learned Senior Counsel for the petitioner has relied on the decision in A.M.
Mathur v. Pramod Kumar Gupta and others MANU/SC/0305/1990 : (1990)2 S.C.C. 533,
wherein it was held:
Judicial restraint and discipline are as necessary to the orderly administration of
justice as they are to the effectiveness of the army. The duty of restraint, this
humility of function should be constant theme of our Judges. This quality in
decision making is as much necessary for Judges to command respect as to
protect the independence of the judiciary. Judicial restraint in this regard might
better be called judicial respect; that is, respect by the judiciary. Respect to
those who come before the Court as well to other coordinate branches of the
State, the Executive and Legislature. There must be mutual respect. When these
qualities fail or when litigants and public believe that the judge has failed in
these qualities, it will be neither good for the judge nor for the judicial process.
212. The decision noted in A.M. Mathur's case (supra) was rendered in a case wherein
some defamatory remarks were made by the Madhya Pradesh High Court against a

Senior Advocate and the ex-Advocate General of the State, while dismissing an
apparently unsustainable revision petition. The said decision has also no application as
far as this petition is concerned. Similarly, the decisions in Abani Kanta Ray v. State of
Orissa and others MANU/SC/1997/1995 : 1995 Supp (4) S.C.C. 169 and State of M.P. v.
Narmada Bachao Andolan and another MANU/SC/1139/2011 : (2011)12 S.C.C. 689
have also no application in this case.
213. We are of the considered view that the court below cannot be found fault with in
making such remarks and observations contained in paragraphs 85, 86, 88, 89 and 155
of the impugned judgment, as those remarks and observations were required in order to
take a decision in the matter and to enter on a correct finding.
214. It cannot be said that the petitioner, who is a public servant, was not aware of the
consequences of adducing false evidence. When such evidence, the portion of which
was patently false, is adduced, the hands of the court are not fettered in making an
observation or finding that the said evidence is false. When those remarks and
observations are required for the adjudication of the matter and to enter on a correct
finding, those remarks and observations become an integral part of the judgment, the
same cannot be expunged. Matters being so, we find that the Crl. M.C. No. 125 of 2012
filed by the petitioner is devoid of merits, and is only to be dismissed, and we do so.
2 1 5 . P.W. 68 W.C.P.O. received the body after post-mortem examination by about
9.30-9.45 a.m. The same was released to the relatives of the deceased through Ext. P-
73 Kychit, for the last rites and funeral. According to P.W. 76, he was at Ernakulam on
the date of death of the deceased. He went over to her house, and participated in the
funeral.
216. After the post-mortem examination, P.W. 68 was called by the doctors to the post-
mortem room and she was entrusted with seven covers which contained samples taken
during the post-mortem. Two covers were to be handed over to P.W. 81 and five covers
were to be produced at the Chemical Examination Laboratory, Ernakulam. Covering
letters were also entrusted to her. She produced the said to covers before P.W. 81 at 11
a.m. on 7-2-2011, which P.W. 81 seized through Ext. P-74 mahazar, in which she also
affixed her signature. The remaining five covers were produced at the laboratory.
217. According to P.W. 19, police came by about 10 a.m. on 2-2-2011, and he pointed
out the place where the deceased was lying. When the police came to the scene of
occurrence, the Scientific Assistant was also present along with them. According to P.W.
81, at 10 a.m. on 2-2-2011, P.W. 19 pointed out the scene of occurrence in this case.
He had given message requiring the presence of the Scientific Assistant for collecting
the evidence. He along with P.W. 49 Scientific Assistant examined the scene of
occurrence.
218. According to P.W. 81, he has noted the scene of occurrence correctly in Ext. P-72.
At a distance of about 500 mtrs. away towards north from the Vallathol Nagar Railway
Station, there are five railway lines including the crossover at the western side of the
Shornur-Thrissur Highway road, lying north-south. Out of the same, the heap of
aggregates at the western side of the eastern most railway line and the surroundings
and the crossover connecting the up-line and the down line situated at a distance of 10
mtrs. and 20 cms. away towards south-west, and the concrete sleeper bearing number
R.Cs. 2000 and the spot where the aggregates stained with blood were lying, is the
scene of occurrence. P.W. 81 prepared Ext. P-72 scene mahazar. P.W. 65 residing at
Vettikkattiri, saw the police reaching the scene of occurrence in this case, and preparing

Ext. P-72 scene mahazar, in which he also affixed his signature.
219. P.W. 49 is the Scientific Assistant at the Regional Forensic Science Laboratory,
Thrissur. As per the request of P.W. 81, she examined the scene of occurrence in this
case on 2-2-2011. P.W. 81 was also present along with her. She collected samples,
sealed, labelled it, and handed over to P.W. 81, which P.W. 81 seized through a
mahazar. From the railway track at that place she collected the following samples from
two different spots:
(1) Stones having dark brown stains on it collected from track No. 5 towards
west.
(2) Stones having dark brown stains on it collected from the scene of
occurrence near electric post 3/36.
(3) Control for item Nos. (1) and (2) having no stains on it collected from the
surrounding area.
(4) Few hairs collected from one of the dark brown stained pebbles found in the
location mentioned in item No. 2.
220. Scene of occurrence was guarded well by the police. On examination of the scene,
P.W. 49 could see disturbances indicative of a scuffle having taken place in between the
first and second track, as aggregates were moved and soil in the ground were seen
disturbed. Disturbance was seen on the order of arrangement of the pebbles in the
track, and the soil on the neighbouring area which is one metre towards west near the
electric post 3/36. Dark brown stains on the pebbles were seen spread in that area.
221. Items collected by P.W. 49 were sent for chemical examination. She identified the
said materials returned after chemical examination, as M.O. 32 series. Ext. P-43 series
are the specimen seals provided by her and entrusted with P.W. 81 with Ext. P-44 report
regarding the collection of samples. According to her, item Nos. 9 to 12 described in
pages 8 and 9 of Ext. P-2 are in respect of the specimen collected by her.
222. There were 5 railway tracks, east to west at the place of occurrence. Thrissur-
Shornur road passes through the eastern side of the railway track. First track contains
two rails (lines) and then there is a space then the second track, then there is a space.
Then the 5th railway line near to a cross. P.W. 49 had collected item No. 1 from that
place. Items 2 and 4 were collected one metre away towards east, from that spot. On
those two locations, she could see bloodstains. On some stones here and there on the
5th line, there were blood drops. She could see star marks of blood which could occur
only when the blood falls from the space above on the stones, and spreading of such
blood falls from height. There was a trailing of blood stains connecting the two spots.
2 2 3 . At 1 p.m. on 2-2-2011, P.W. 65 saw the Scientific Assistant producing the
material objects collected by her before the police, which the police seized through Ext.
P-41 mahazar, in which also, he affixed his signature. P.W. 46 seized the materials
collected by the Scientific Assistant from the scene of occurrence, contained in four
covers, through Ext. P-41 mahazar.
224. According to P.W. 81, the materials collected by P.W. 49 Scientific Assistant from
the scene of occurrence were seized through Ext. P-41 mahazar. He identified the said
materials which are received back after chemical analysis, as M.O. 32 series. The
specimen seal and the report furnished by P.W. 49 are Ext. P-43 series.

225. P.W. 81 filed an application before the Superintendent of the Medical College
Hospital, Thrissur for examining the injured, who is the deceased in this case with the
help of an expert team of doctors and to obtain a report, on 3-2-2011. On 3-2-2011, a
team of senior doctors including P.W. 1, P.W. 37, P.W. 64 and some other doctors of
the Medical College Hospital, Thrissur attended the victim, examined her, evaluated her
condition, and furnished Ext. P-3 report prepared in the handwriting of P.W. 64.
226. On 2-2-2011, P.W. 81 filed requisition for forwarding the properties collected
from the body of the injured like, vaginal swab, smear, nail clippings etc., to the F.S.L.
for examination and report, and also for obtaining the report of P.W. 37.
227. According to P.W. 81, based on the descriptions given by the witnesses who had
seen the said one handed man, P.W. 58 expert in portrait building prepared Ext. P-29
caricature at the Cheruthuruthy Police Station.
228. P.W. 58 is a Civil Police Officer working at the Cherpu Police Station. He is a
Postgraduate who is also a computer expert. He had passed the in-service course in
portrait building system imparted by the Department, and also in respect of basic
operation, Word, Excel, Data entry etc. On 2-2-2011 in the evening, he reached
Cheruthuruthy Police Station as per the direction of P.W. 81. He prepared Ext. P-29
caricature, from the descriptions and features furnished by C.W. 23, P.W. 33, P.W. 45,
C.W. 24 and C.W. 25. Ext. P-29 contains his signature. According to him, Ext. P-29 has
similarity with the accused.
229. P.W. 45 came to know in the morning on 2-2-2011, that it was a girl who had
fallen down and that she was taken to the hospital. By about noon, the P.W. 81 came to
his house and asked him about the accused. His statement was recorded. On that day
by about 6 p.m. he was called to the Cheruthuruthy Police Station, where he could see a
police man sitting before a computer. Some eyes, noses etc. were shown to him, and he
was asked to point out similar features as that of the accused. P.W. 33 and his friends
who also saw the accused on that night were also present. All of them gave the features
of the accused, and by using it, Ext. P-29 caricature looking similar to the accused was
drawn.
230. According to P.W. 33, by about noon on 2-2-2011 the police came to his house.
He narrated the details and also told about the accused. In the afternoon on the same
day he was called to the Cheruthuruthy Police Station. 3-4 one handed men were shown
to him. He told the police that the accused who was seen by him on the date of incident
was not among those persons. On 2-2-2011 in the evening, all the five persons
including him were called to the police station and were asked to describe the features
of the said person who was seen by them, like his eyes, ears, hair, nose etc. They gave
the details, thereby, Ext. P-29 caricature of that man was drawn by P.W. 58. According
to him, Ext. P-29 is very similar to the accused.
2 3 1 . According to P.W. 81, as it was revealed that a one handed Tamil man had
jumped out of the ladies compartment, and such a person was seen at the bus stop near
the scene of occurrence, information was passed on to the other police stations for
tracing out such a person.
232. P.W. 63 has been working as the Deputy Superintendent of Police, in Palakkad
Railway from 11-8-2008 onwards. During the dawn of 2-2-2011 he got a message for
enquiring about a Tamil speaking one handed man, who is the suspect in crime No.
41/11 of the Cheruthuruthy Police Station. On the basis of such message, he along with
other policemen went to Shornur, Kuttippuram, Wadakkanchery, Thrissur, Chalakkudy,

Alathur, Kuzhalmannam, Palakkad Railway Stations etc., in search of such a person.
While so, by about 11 p.m., they could see the accused, who is a person corresponding
to the descriptions received, in suspicious circumstances in front of the bus stand
situated in front of the Palakkad Railway Station. He was questioned. He gave his name
and address as Govindhaswamy @ Charly, S/o. Arumughan, 51 Aivakkudy,
Virudhachalam, Kadaloor District, Tamil Nadu. He was seen dressed in M.O. 5 lungi and
M.O. 6 shirt. Bloodstain was seen at the chest portion of M.O. 6 shirt Some of the
buttons of M.O. 6 shirt were seen detached and lost. From his conduct and words, it
developed a strong suspicion about his involvement in the crime. He took him into
custody and produced him at the Cheruthuruthy Police Station at 1 am. on 3-2-2011,
and handed over him to P.W. 81. He identified the accused and M.O. 5 and M.O. 6
before the court below.
233. According to P.W. 81, on the basis of the details of the suspect received by the
Railway Police, Palakkad, P.W. 63 Deputy Superintendent of Railway Police, Palakkad
took the accused into custody and brought him to the Cheruthuruthy Police Station and
handed over him to P.W. 81. When the accused was questioned, he furnished his name
as Charly as well as Govindhaswamy. A police party was sent for verifying the
correctness of the name and address furnished by the accused. P.W. 33, P.W. 45, C.W.
23, C.W. 24, C.W. 25 and C.W. 26 were called to the Police Station in order to identify
the accused as to whether he was the person who was seen near the Kalamandalam bus
stop by 9 p.m. on 1-2-2011. All of them clearly identified the accused as the said
person. P.W. 33, P.W. 45, C.W. 23, C.W. 24, C.W. 25 and C.W. 26 who had identified
the accused on 3-2-2011 at the Cheruthuruthy Police Station, identified the dresses
worn by the accused as the very same dresses worn by the accused when they saw him
on 1-2-2011 also.
2 3 4 . On 3-2-2011, P.W. 33 was called to the Cheruthuruthy Police Station in the
afternoon. When he reached there, he could see the accused sitting on a bench there.
Immediately on seeing the accused, he could clearly identify him as the person who was
seen by him near the Kalamandalam bus stop during the night on the date of the
incident. The accused identified him also. Thereafter, the others were also called; they
also identified the accused. P.W. 33 identified M.O. 5 lungi and M.O. 6 shirt worn by the
accused when he saw the accused for the first time during the night of 1-2-2011.
2 3 5 . According to P.W. 45, on 3-2-2011 by about 2 p.m., he was called to the
Cheruthuruthy Police Station. There, he could see the accused sitting on a bench. He
identified the accused as the person who was seen during the night on the date of
incident, and furnished statement to that effect. The accused was seen wearing the very
same clothes worn by him during that night, which are M.O. 5 and M.O. 6.
236. On 3-2-2011, P.W. 40 was called by the police and was asked to report at the
Cheruthuruthy Police Station to identify a suspect. When he contacted P.W. 4, he was
told that he was also asked to report at the Cheruthuruthy Police Station. Both of them
reached Shornur by the Malabar Express during the dawn of 4-2-2011, from where they
reached Cheruthuruthy Police Station by an autorickshaw. There, they could see the
accused who was seen by them on 1-2-2011 in the train, sitting on a bench at the
Cheruthuruthy Police Station.
237. By about noon on 3-2-2011, P.W. 4 was called by the police and requested for his
presence at the Cheruthuruthy Police Station to identify the suspect who was
apprehended by the police. P.W. 40 contacted him and he was told that P.W. 40 was
also called by the police. Both of them reached the Cheruthuruthy Police Station by

about dawn on 4-2-2011. There, they could see the accused sitting on a bench at the
police station. Immediately on seeing him, they could identify the accused.
238. According to P.W. 4, the accused was the very same person he had identified in
the train, police station, and before the Magistrate. The dresses worn by the accused on
the date of incident were seen soiled, and dirty. The accused was dressed in M.O. 5
lungi and M.O. 6 shirt. According to him the said shirt had a print just like that of a
tricolour flag. He identified M.O. 5 and M.O. 6.
239. According to P.W. 81, on 4-2-2011 at 1.30 a.m. P.W. 4 who came from Wayanad,
and also P.W. 40, reached Cheruthuruthy Police Station and identified the accused who
was sitting at the police station. Their statements were also recorded. They further
identified that the dress worn by the accused at that time were the very same dress
worn by him when they saw him on 1-2-2011.
240. According to P.W. 81, the police party deputed for verifying the name and address
furnished by the accused, reported that the said details furnished by the accused were
false. When the accused was further questioned, he furnished his name and address as
Govindhaswamy, aged 30, son of Arumughan, 51, Aivathakkudy, Eranchy Post,
Samathuvapuram, Virudhachalam, Kadalur District Enquiries revealed that the said
details furnished by the accused were correct. The police party further informed him
that the accused is a person involved in several cases of the Salem, Erode Railway
Stations etc., for the offences under Sections 392, 397, 379 IPC etc.
241. At 2 a.m. on 4-2-2011, P.W. 81 took the accused to his office at Chelakkara, and
recorded his arrest through Ext. P-14 arrest memo. Ext. P-91 inspection memo was
prepared after examining the body of the accused. The injuries found on the body of the
accused are noted in Ext. P-91 as follows:
On the left side of his neck and below his neck scratches made by something
recently, were seen. On the backside of his left shoulder also such scratches
were seen. Some recent injuries with scabs were seen below his right elbow.
Recent scratches were seen on the back of his right elbow. On his right knee
and below it and also on the front of the right foot, injuries and its marks
recently occurred were seen. Recently occurred abrasion was seen on the back
of his right thigh. Recent injuries were seen on his left knee and below it.
242. At 2.10 a.m. when he placed the accused under arrest, M.O. 5 lungi and M.O. 6
shirt worn by the accused were seized through Ext. P-13 mahazar. His arrest was
informed to his brother Subramanyan through the police station and telegram.
2 4 3 . P.W. 17 is a Panchayat member, residing near the Circle Inspector's Office,
Chelakkara. According to him, there was a large crowd at 2 a.m. on 4-2-2011 in front of
the Circle Inspector's Office at Chelakkara. On getting information that the accused in
this case was being brought to the Circle Inspector's Office, he also went over there. He
saw the police bringing the accused. The accused was dressed in M.O. 5 lungi and M.O.
6 shirt, which the police seized through Ext. P-13 mahazar. He is also one of the
attestors in Ext. P-13. The accused was placed under arrest through Ext. P-14 arrest
memo, in which also he affixed his signature.
2 4 4 . P.W. 81 issued request letter to the Superintendent of the Medical College,
Thrissur for conducting the potency test of the accused. A team of doctors headed by
P.W. 47 examined the accused and issued Ext. P-42 certificate. The fingerprints of the
accused were collected and the same were sent to the Fingerprint Bureau for

examination. Request was given for sending the same to the Fingerprint Bureaus of
other States also. Ext. P-93 is the report received from the Fingerprint Bureau,
Thiruvananthapuram, along with Ext. P-93(a) covering letter.
2 4 5 . P.W. 47 Dr. Hithesh Sanker, while working as Assistant Professor and Police
Surgeon, Medical College, Thrissur, has examined the accused on 4-2-2011 at 12 noon,
for the examination of the injuries sustained by the accused and also for potency test,
as per the requisition of P.W. 81. According to P.W. 47, he had taken consent from the
accused prior to the examination. He examined the accused in the presence of Dr. Haris
(C.W. 116) and Dr. S. Sreekumar (C.W. 113), at the Department room of the Medical
College Hospital, Thrissur. After examining the accused, P.W. 47 issued Ext. P-42
certificate, in which P.W. 47, along with C.W. 113 and C.W. 116, has affixed their
signatures and seal. Over and above the said two other doctors who have signed in Ext.
P-42, the Postgraduate students of P.W. 47 were also present during the examination of
the accused. In Ext. P-42, P.W. 47 has noted down the identification marks of the
accused. He personally verified the said identification marks of the accused and
identified the accused before the court below.
246. The details in Ext. P-42 are the following:
Clinical History:
Clinical history of drug intake, alcohol and smoking since 17 years. He
met with an accident in 2004 and the left palm was amputated.
History of sexual development:
He started masturbation at 13 years of age and there is history of night
emission and nocturnal erection and he has heterosexual and
homosexual practice at least twice in a week.
History stated by the subject:
On 1-2-2011, at night he entered into the female compartment of a
passenger train and attempted robbery on a female and pushed her out
of the train and after that he jumped out of the train and assaulted the
female and did sexual intercourse. The injuries on his body were
produced by the female victim. After the incident, he ran away from the
scene and entered into a private bus to Thrissur and then to Palakkad.
He had a bath at the Railway Station at 11 a.m. on 2-2-2011.
History given by the accused:
Govindaswamy, 30 years accused in Crime No. 41/2011 of the
Cheruthuruthy Police Station, pushed out the victim, 23 years, from
Ernakulam-Shornur Passenger Train and sexually assaulted the injured
victim. His left arm was seen amputated 16 cm. below the elbow.
Findings:
An adult male having secondary sexual characteristic fully developed.
Local examination including penis and scrotum were also noted in Ext.
P-42. He had normal sexual development. Systemic examination also
carried out and were within normal limits. Examination of anal region
was also normal. His B.P. was 120/70. He had penial erection during

the examination. Femoral artery pulsation palpable on both sides which
indicate that he had normal blood flow.
On examination, 21 injuries were found in the form of abrasion and
abraded contusion and there were multiple infected heeling wounds in
and around both knees. The said injuries were covered with reddish-
brown adherent scab with erythema around. The following injuries 1 to
21 are noted in Ext. P-42.
Injuries:
1 . Abrasion 1 cm. long on left side of front of neck obliquely placed,
upper inner end 0.5 cm. outer to midline and 2 cm. above collarbone.
2 . Abrasion 0.5 x 0.5 cm. on left side of front of neck upper end 3.5
cm. outer to midline and 1.5 cm. above collarbone.
3 . Abrasion 0.5 cm. long linear on left side of front of neck obliquely
placed 4 cm. outer to midline and 1 cm. above collarbone.
4 . Abrasion 0.5 cm. long linear on left collarbone 5.5 cm. outer to
midline.
5 . Abrasion 2.5x0.2 cm. long on left side of front of chest obliquely
placed 2 cm. outer to midline and 1.5 cm. below collarbone.
6 . Abrasion 2 cm. long linear on left side of front of chest obliquely
placed upper end 8 cm. outer to midline and 4 cm. below collarbone.
7. Crescentic abrasion 0.5 cm. long on right side of root of neck 4 cm.
above collarbone.
8. Abrasion 0.5 cm. long linear on front of right shoulder 3 cm. above
collarbone.
9 . Abrasion 5 cm. long linear on front of right shoulder 1 cm. above
collarbone.
10. Abrasion 0.5 cm. long linear on front of right shoulder 2.5 cm.
above collarbone.
11. Abrasion 0.2 cm. long linear on front of left elbow 20 cm. below
maxilla.
12. Abrasion 1 cm. long linear on front of left elbow 1.5 cm. outer to
injury No. 11.
13. Abrasion 3 cm. long linear on front of left elbow 1.5 cm. below
injury No. 11.
14. Abrasion 0.2 cm. long linear on front of left elbow 0.5 cm. below
injury No. 13. Injury No. 11 to 14 placed over an area 2 x 1 cm.
15. Abrasion 2 cm. long linear on back of upper part of chest oblique
upper end 17 cm. outer to midline and 8 cm. below shoulder.

16. Abrasion 1.5 cm. long crescentic on back of left side of chest just
outer to midline and 30 cm. below root of neck with concavity directed
outwards.
17. Abrasion 0.5 cm. long linear on upper part of right gluteus 4 cm.
outer to midline.
18. Multiple abrasions over an area 1 x 1 cm. on back and outer side of
right thigh upper margin 16 cm. below top of hipbone.
1 9 . Abrasion 2x0.5 cm. vertical on front of right leg 13 cm. below
knee.
2 0 . Abraded contusion 1 x 0.5 cm. on upper part of back of right
elbow.
21. Abraded contusion over an area 3 x 2 cm. on lateral malleolus of
left foot.
Injury Nos. 1 to 6 were placed over an area of 11 x 6 cm. on the left side of
front of neck and chest. Injury Nos. 7 to 10 were placed over an area of 4 x 2
cm. on the front of right shoulder. No bite mark was noted.
His nail clippings, hair samples from scalp and pubic region, penile swab and
slides and blood were taken, sealed, labelled and preserved for comparative
analysis and DNA analysis.
Opinion:
(1) There is nothing to suggest that the above person is incapable of
performing sexual intercourse.
(2) Injuries 1 to 18 were consistent with nail marks and 19 to 21 were
due to blunt impact.
247. According to P.W. 47, the age of the injuries could be more than two days and
less than 4 days. The accused had given his statement to him in a mixed language in
Tamil and Malayalam. Some words were in Tamil and some words were in Malayalam.
The mother tongue of P.W. 47 is Malayalam and he knows Tamil also. On examination,
the accused was found to have normal muscle power on both hands and legs, i.e., both
upper limbs and lower limbs. Even though he had an amputated forearm, that limb is
also having grade 'V' power. He can lift the hands against the pulled resistance.
248. According to P.W. 47, injury Nos. 19 to 21 could be caused due to the blunt
impact or during sexual intercourse on a rough surface. P.W. 47 had forwarded the
items preserved by him to the Forensic Science Laboratory, Thiruvananthapuram, for
comparative analysis and DNA fingerprinting. Ext. P-2 contains the Forensic Report with
regard to the same.
249. According to P.W. 47, injuries 1 to 18 were consistent with nail marks produced
by the victim. The said injuries are possible to be caused in a scuffle. In a usual sexual
intercourse, no injuries may occur on the penis, as it is a normal physiological function
like any other function of a human being. In unusual circumstances like penis of non-
retractable nature, injury may occur. The accused is having a retractable penis.

2 5 0 . In Ext. P-42, the occupation of the accused has been noted as 'manual
labourer/robbery'. In cross-examination, P.W. 47 has stated in evidence that the said
occupation was given to him by the accused himself when asked about his occupation.
The accused gave his name as Govindaswamy, his age as 30 years, and also voluntarily
narrated the history that he pushed out the victim from the Ernakulam-Shornur
Passenger Train and sexually assaulted the injured victim.
251. In B.A. Umesh v. State of Karnataka MANU/SC/0082/2011 : (2011) 3 S.C.C. 85,
the Apex Court by relying on the decision in M.A. Antony v. State of Kerala
MANU/SC/0649/2009 : (2009) 2 S.C.C. 220, held that the extra-judicial confession
made to the doctor can be accepted upon the rejection of the defence claim that such
confession had been made in the presence of police officers, in a case wherein there is
no evidence at all to suggest that any policeman was present when the accused made
the confessional statement before the doctor.
252. In Aftab Ahmad Anasari v. State of Uttaranchal MANU/SC/0036/2010 : (2010) 2
S.C.C. 583 it was held:
53. In State of U.P. v. M.K. Anthony (MANU/SC/0123/1984 : A.I.R. 1985 S.C.
48), this Court, while explaining the law relating to extra-judicial confession,
ruled that if the words spoken by the witness are clear, unambiguous and
unmistakable, one showing that the accused is the perpetrator of the crime and
nothing is omitted by the witness which may militate against it, then after
subjecting the evidence of the witness to a rigorous test on the touchstone of
credibility, the extra-judicial confession can be accepted and can be the basis of
a conviction. According to this Court, in such a situation, to go in search of
corroboration itself tends to cause a shadow of doubt over the evidence and if
the evidence of extra-judicial confession is reliable, trustworthy and beyond
reproaching, the same can be relied upon and a conviction can be founded
thereon.
5 4 . Here, in this case, it is proved by the prosecution that P.W. 5, Anand
Swaroop was not on inimical terms with the appellant at all. After subjecting
his evidence to a rigorous test on the touchstone of credibility, this Court finds
that extra-judicial confession referred to by the witness is reliable and is rightly
accepted by the trial court and the High Court. The contention that when the
appellant was being brought to the court, he was in custody and therefore, the
extra-judicial confession referred to by P.W. 5 would be hit by the provisions of
Section 26 of the Evidence Act and could nor have been received in evidence,
cannot be accepted.
55. As observed earlier, the record shows that the appellant and another were
produced before the court for extension of judicial remand. The appellant could
not probabilise his defence that he was in custody of police officer. He could
not name the police officer who had brought him with Mumtaz to the court
premises for extension of judicial remand nor it is his case that to the hearing
of the police officer who brought him to the court premises, he had made
confessional statement before P.W. 5. On the facts and in the circumstances of
the case, this Court is of the opinion that it is not probabilised by the defence
that the appellant was in custody of police officer while he had made extra-
judicial confession before P.W. 5. The evidence relating to extra-judicial
confession inspires confidence of this Court.

253. In Gura Singh v. State of Rajasthan MANU/SC/0770/2000 : (2001)2 S.C.C. 205, it
was observed that despite inherent weakness of an extra-judicial confession as an item
of evidence, it cannot be ignored that,
such confession was made before a person who had no reason to state falsely
and to whom it is made in the circumstances which tend to support the
statement.
When P.W. 47 was asked in cross-examination that the clinical history was given to him
by the police, he denied it and explained that police was not present there. When he
was asked whether the accused had stated before him that the accused had raped any
lady, he denied it and stated that accused had told him that he had sexual intercourse
on a female (victim) and assaulted her.
254. In the instant case, there is absolutely nothing on record to indicate that the
confessional statement made by the accused to P.W. 47 was made in the presence of
any police personnel. The accused had narrated to P.W. 47 as to how he had sustained
the injuries found on him. The said extra-judicial confession made by the accused to
P.W. 47 is clearly admissible in evidence. The said confession was made voluntarily,
without any coercion, undue influence, or threat. The same was not made in the
presence of any police personnel.
255. P.W. 81 submitted an application through the S.P. for obtaining the call details of
the mobile phone used by the deceased. Request was placed for tracing out the mobile
phone by using its I.M.E.I. number and the tower location. According to P.W. 82, he
collected and produced before court, Exts. P-54 to P-66 call details in respect of the Sim
cards of P.W. 7, P.W. 10 and the deceased, in respect of the calls, through M.O. 14
mobile phone.
256. P.W. 60 is the Nodal Officer of Tata Tele Service. On receipt of Ext. P-60 request
from the S.P., Thrissur, he issued call details from 4-2-2011 to 7-2-2011 and the
customer's name and address of Mobile No. 8089783489 of his Company. He issued
Ext. P-61 call details, for which Ext. P-62 certificate was also issued. Ext. P-63 is the
covering letter. On receipt of another requisition for obtaining the call details of the said
number for the period from 15-1-2011 to 4-2-2011, he issued Ext. P-64 series of call
details, along with Ext. P-66 certificate and Ext. P-65 covering letter. 'Santhosh, M.G.
Mullakkal, Shornur' (P.W. 6) is the name and address of the customer of the said
number.
257. As per Ext. P-64, the Sim card of the said number was used in M.O. 14 having
I.M.E.I. No. 359038026891630 from 16.04 on 1-2-2011 to 00.21 hours on 2-2-2011.
On the said day the said number in the said mobile handset worked from 20.22 to 20.23
under the Cheruthuruthy tower and from 20.26 to 20.30 hours under the Paanjal tower.
Both these towers are having range at the Vallathol Nagar Railway Station. It worked at
00.21 hours on 2-2-2011 under the Puthuppariyaram tower, near the Palakkad Railway
Station. The 15th digit in the I.M.E.I. number can be any digit from 1 to 9; but the
system will identify it only as '0'. Ext P-64(a) shows the concerned place of the tower
code. Code No. 26741 is of Cheruthuruthy tower, Code No. 27028 is of Puthuppariyaram
tower and Code No. 37650 is of Paanjal tower.
258. P.W. 59 is the Nodal Officer of the Vodaphone Company. The Company received
Ext. P-56 letter on 25-2-2011 issued by the S.P., Thrissur requesting for the customer's
name and address and the call details for the period from 3-2-2011 to 7-2-2011 from
the Vodaphone Mobile No. 9843998776. Ext P-57 is the call details produced by him.

Ext. P-58 is the certificate produced along with Ext. P-57. Ext. P-59 is the covering
letter. The customer of the said number is Dhanalekshmi, 1-A, Anna Colony, First
Street, Ward No. 4, Meloor, Madhurai, PIN-625 106. As per Ext P-57, Sl. Nos. 12 to 27
are call details on 3-2-2011 in respect of that number by using the handset with I.M.E.I.
No. 359038026891630. It's tower location is Wayanad. On perusing M.O. 14, P.W. 59
stated that its I.M.E.I. number and the above I.M.E.I. number is the same. The said calls
in Sl. Nos. 12 to 27 were made through M.O. 14, by using M.O. 17 series of Sim cards.
The Sim card in Sl.No. 8994430001112572730 was issued from his Company. He is the
authorized officer of the Company to issue such records.
259. P.W. 56 is the Nodal Officer of Idea Mobile Company, for the State of Kerala. He is
the authorized officer who has to issue the customer details and call data records of the
Company. He is authorized to issue the same to the Law Enforcement Agency. On 24-2-
2011, the Regional Office of the Company received Ext. P-54 requisition for the call
details from the S.P. Office, Thrissur from 4-2-2031 to 7-2-2011, in respect of Idea
Mobile Nos. 9656658489 and 9605380365 and also the name and address of the
customers of the said connections. In response to it, he issued Ext. P-55 series call
details to the S.P., Thrissur. As per the same, item Nos. 2 to 12 in the first page and
item 3 in the second page were in respect of the very same I.M.E.I. No.
359038026891630. The 3rd item in the second page is a SMS came to 9656658489. The
call details in first page from item Nos. 2 to 12 are also in respect of the very same
I.M.E.I. number in which the Sim card 9605380365 was being used. The said mobile
customer is P.W. 10. On verifying M.O. 14, P.W. 56 identified its I.M.E.I. number as
359038026891637. I.M.E.I. number is being identified by taking into consideration of
the first 14 digits. The remaining digits coming after 14 digits are being entered as
check digits as '0'. In some mobile sets the number may come up to 17 digits. The
digits coming after the first 14 are not significant. The I.M.E.I. number shown in Ext. P-
55 as aforesaid is the same I.M.E.I. number of M.O. 14. The aforesaid calls shown in
Ext. P-55 are the outgoing and incoming calls through M.O. 14 handset. The said 14
digits is the international number. M.O. 18 series Sim cards are issued by the Idea
Company.
260. According to P.W. 81, on obtaining the aforesaid information, P.W. 32 S.I. of
Police, Chelakkara was sent to Wayanad on 7-2-2011 for tracing out the mobile phone.
261. P.W. 32 was the Sub Inspector of Police of Chelakkara during the period of the
incident in this case. According to him, P.W. 81 received information from the cyber cell
that the mobile phone I.M.E.I. No. 359038026891637 which was robbed from the
deceased was being used by P.W. 10 at Vythiri, Wayanad with the Sim card of idea No.
9605380385. P.W. 81 directed him to go and to enquire about it. P.W. 32 along with the
police party reached the house of P.W. 10 at Wayanad at 8 a.m. on 8-2-2011. M.O. 14
mobile phone and M.O. 18 series of Sim cards were seized from P.W. 10 through Ext. P-
12 mahazar in the presence of witnesses. When questioned, P.W. 10 revealed that M.O.
14 was purchased by him for ' 300, from P.W. 7 who is one of his neighbours.
262. According to P.W. 10, the police appeared at his house on 8-2-2011, and enquired
him as to how did he get M.O. 14 mobile phone which was with him. He told them that
he had purchased it from P.W. 7 for ' 300 on 3-2-2011. He had inserted two Sim cards
in it One of the Sim cards was his own and the other one was that of his wife. He
produced M.O. 14 mobile phone and M.O. 18 series Sim cards before police. The same
was seized by the police through Ext. P-12 mahazar.
263. P.W. 12 is one of the attestors to Ext. P-12 mahazar. According to him, on 8-2-

2011, he saw the seizure of M.O. 14 LG mobile phone and M.O. 18 series Sim cards by
the police from P.W. 10 at the house of P.W. 10.
264. According to P.W. 10, there was no Sim card in it when he purchased M.O. 14
from P.W. 7. He obtained a mobile connection from the shop of P.W. 8. It was P.W. 9
who had opened that mobile phone and inserted his Sim card. He was told by P.W. 7
that the said mobile phone was purchased from Palakkad.
265. According to P.W. 32, he traced out P.W. 7 and questioned him. According to P.W.
10, he also went to the house of P.W. 7 with the police and witnessed the seizure of
M.O. 17 series through Ext. P-9 mahazar. P.W. 7 admitted that it was he who had sold
M.O. 14 to P.W. 10. According to P.W. 11, he was present when P.W. 10 purchased
M.O. 14 LG mobile phone from P.W. 7 on 3-2-2011 for ' 300. P.W. 32 took P.W. 7 and
produced him before the Circle Inspector.
266. P.W. 7 is a resident of Wayanad living with his wife and three children. He is a
coolie worker, who is illiterate. Two months back to his examination, he had worked at
a hotel named Abhirami' at Pollachi. On 2-2-2011 he got in a bus at 8 a.m. for going
home. He reached Palakkad by 9.55 a.m. He had a mobile phone, the rear portion of
which was cracked. Even though he approached several mobile phone shops, they told
him that it could not be repaired. Lastly, he was told from one mobile phone shop that
they could give him another mobile phone on payment of ' 300 along with his old
mobile phone. He paid an amount of ' 300 and also gave his old mobile phone. He got
another mobile phone from that shop. The shop owner was searching for its charger.
267. P.W. 7 waited in front of the shop. At that time, the accused along with another
old man came over there. The accused by placing M.O. 14 mobile phone brought by
him, at the shop requested the shop owner to purchase it for ' 500 by stating that he
wanted such an amount for going to his native place. When the shop owner declined,
the accused approached him and requested him to pay ' 300 and to purchase the said
mobile phone by stating that he had to go urgently to his native place. He gave ' 300
and purchased M.O. 14. According to P.W. 7, the accused talked to him in Tamil as well
as in Malayalam. By that time, he got the charger and then he proceeded to his house
with the said mobile phones. The said transactions had occurred in between 10 a.m.
and 11 a.m. The said shop is a small shop situated near the Railway Station. He clearly
identified M.O. 5 lungi and M.O. 6 shirt as the dress worn by the accused. He had
identified the accused at the Chelakkara Police Station also. He identified the accused in
court. He identified M.O. 14 as the said LG mobile phone purchased by him from the
accused as aforesaid.
268. P.W. 7 went to his house and offered the said mobile phone to his son. His son
told him that he did not want it. There was no Sim card in it. When it was charged and
a Sim card was inserted, it was found to be in working condition. On the next day by
about 10 a.m., he sold M.O. 14 to his neighbour P.W. 10, for ' 300. On 8-2-2011, police
reached his house. According to him, P.W. 10 was also present along with the police.
The police could locate the mobile phone when P.W. 10 inserted the Sim card and
started using the same.
269. According to P.W. 7, the police took him to the mobile shop owner, who also
identified M.O. 14 as the one purchased by P.W. 7 from the accused. Then the police
took him to the Chelakkara Police Station, where he could see the accused. P.W. 7 had
inserted two Sim cards in the said mobile phone. The police again reached his house,
and he produced the said M.O. 17 series Sim cards, which the police seized through a

mahazar. According to him, one of the same was in the name of his wife and the other
was in the name of the daughter of his elder brother.
270. According to P.W. 67 C.P.O., on 18-3-2011 he reached the house of P.W. 7 along
with P.W. 82 at the fifth colony, Achooran Village, Vythiri at 8 a.m. P.W. 7 produced
two Sim cards, which are M.O. 17 series before P.W. 82, which he seized through Ext.
P-9 mahazar, which was prepared in the handwriting of P.W. 67, in which P.W. 67 also
271. P.W. 32 took P.W. 10 to the shop of P.W. 8 from where P.W. 10 purchased the
Sim card. Ext. P-10 register by which the Sim card was issued, was seized through Ext.
P-11 mahazar. He had made Ext. P-10(a) endorsement in Ext. P-10. P.W. 8 has a
footwear shop, wherein she used to conduct the business of sales of mobile recharge
coupons and also giving new connections. She had issued a Sim card to P.W. 10 on 4-
2-2011. She used to keep a register for the same. Ext. P-10 is the register, in which
P.W. 9 employee of her shop had made Ext. P-10(a) entry regarding the Sim card
issued to P.W. 10. Ext. P-10 was seized through Ext. P-11 mahazar on 8-2-2011. She
used to insert Sim cards into the mobile phone of the clients and to give it on
activation. She identified M.O. 14 as the mobile phone brought by P.W. 10.
272. P.W. 32 recorded the statement of P.W. 9. She also identified M.O. 14 and the Sim
card. P.W. 9 is working as Salesgirl at the shop of P.W. 8. According to her, it was she
who had inserted the Sim card into M.O. 14 mobile phone brought by P.W. 10 at the
shop. According to her, Ext. P-10(a) entries are in her handwriting. P.W. 32 produced
the materials before the court, through Ext. P-27 property list on 8-2-2011.
2 7 3 . According to P.W. 81, when questioned, the accused furnished Ext. P-92
information as follows:
if you come with me, I will show you the place where the scrap shop is situated
near the railway station to which place I went to sell the cell phone, and the
provision shop, and also the cell shop situated near the Palakkad Town railway
gate.
274. On the basis of Ext. P-92, the custody of the accused was obtained from the
Judicial First Class Magistrate's Court, Wadakkanchery on 7-2-2011. On the base of Ext.
P-92, and as led by the accused, P.W. 81 reached the mobile shop named 'Golden
mobile' which was pointed out by the accused. The accused pointed out P.W. 50 shop
owner also. He prepared Ext. P-45 mahazar of the said shop. Thereafter, the accused
led P.W. 81 to the scrap shop of P.W. 13 at Pranavu, and the provision shop of P.W. 14.
The accused pointed out P.W. 13, P.W. 14, and P.W. 15. All of them identified the
accused also.
275. According to P.W. 73 W.C.P.O. attached to the C.I. Office, Chelakkara, the accused
led P.W. 81 to a shop named 'Golden Mobile' situated near the railway gate at G.B.
Road, Palakkad and also accompanied P.W. 81. The accused pointed out the shop and
the shop owner. P.W. 81 prepared Ext. P-45 mahazar in which she also affixed her
signature.
276. P.W. 50 is running "Golden Mobile" shop at G.B. Road, Palakkad. On 1-2-2011, at
8.30 a.m. he opened his shop as usual. By about 10 a.m., P.W. 7 came over there with
an old broken China mobile phone and asked him whether it could be repaired. As its
panel was not available, he told him that it could not be repaired. By paying an amount
of ' 300 along with that old mobile phone, he purchased a mobile phone from his shop,

and requested him to get it charged. He connected it with the charger for charging it.
P.W. 7 was waiting there to get it charged. During that time, the accused came over
there dressed in M.O. 5 lungi and a M.O. 6 shirt and offered to sell an old LG mobile
phone. On seeing his soiled shirt and his features, he refused to purchase it. P.W. 7
who was waiting there, saw all these and he purchased that mobile phone from the
accused for ' 300.
277. After about one week, the police came by the police jeep with the accused. The
accused who got down from the jeep pointed out his shop to the police. The police
asked about the incident to him. He narrated all what had happened. Police prepared
Ext. P-42 mahazar in which he also affixed his signature. Again, on 9-2-2011 the police
came to his shop along with P.W. 7, and he identified him also. He identified M.O. 14
LG mobile phone also. Before the court below, he identified the accused as the person
who had appeared at his shop on 2-2-2011 and offered to sell M.O. 14 mobile phone.
278. Now, the evidence of P.W. 7 dealt with earlier has again to be considered. P.W. 7
waited in front of the shop of P.W. 50. At that time, the accused along with another old
man came over there. The accused by placing a mobile phone brought by him at the
shop, requested for ' 500 by stating that he wanted such an amount for going to his
native place. When the shop owner declined, the accused approached him and
requested him to pay ' 300 and to purchase the said mobile phone by stating that he
had to go urgently to his native place. He gave ' 300 and purchased the said mobile
phone. By that time, he got the charger and then he proceeded to his house with the
said mobile phones. The said transactions had occurred in between 10 am and 11 a.m.
The said shop is a small shop situated near the Railway Station. According to P.W. 7,
the police took him to the mobile shop owner, who also identified M.O. 14 as the one
purchased by the witness from the accused. Then the police took him to the Chelakkara
Police Station, where he could see the accused. He clearly identified M.O. 5 lungi and
M.O. 6 shirt worn by the accused. He had identified the accused at the Chelakkara Police
Station also. He identified the accused in court He identified M.O. 14 as the said LG
mobile phone purchased by him from the accused, as aforesaid.
279. P.W. 15 is engaged in collecting scrap materials and disposables left by persons
and to supply it at the shop of P.W. 13 at Palakkad. According to him, on 2-2-2011, in
the morning at about 8-8.15 am, while he was standing near the toddy shop situated
near the shop of P.W. 13, the accused along with an old man came over there. That old
man was also one of the suppliers of disposables to the shop of P.W. 13 and thereby he
was known to P.W. 15 also. That old man called P.W. 15 and asked whether he wanted
a mobile phone. When P.W. 15 expressed his desire to see it, the accused handed over
M.O. 14. After examining it, he returned it by stating that he did not want it. Then the
accused asked whether he could sell it to any other person. When P.W. 15 looked, he
could see the shop of P.W. 13 remaining opened. He took him to the shop of P.W. 13
and told P.W. 13 that there is a mobile phone for sale and if required P.W. 13 could
purchase it. After leaving the accused near P.W. 13, P.W. 15 moved to some distance
away for enabling the parties to bargain. P.W. 13 after examining M.O. 14, returned it
by stating that he did not want it. Then the accused again asked him whether he could
sell it to somebody else. When P.W. 15 was thinking about another possible purchaser,
he could see the shop of P.W. 14 remaining opened. He took the accused to P.W. 14.
Similarly, P.W. 14 also refused to purchase it. Then the accused and the old man went
away. On 7-2-2011, a jeep came near him and stopped. The accused got down from the
jeep along with the police and pointed out him by stating that he was that man. When
the police asked whether he knew the accused, he narrated as to what had happened on
2-2-2011 in the morning. Subsequently, he identified M.O. 14 also, when it was shown

to him. According to him, M.O. 5 was the lungi and M.O. 6 was the shirt worn by the
accused when he had approached him on 2-2-2011.
280. According to P.W. 13, he has been conducting a scrap shop on the rear side of
Olavakkode Railway Station, Palakkad and that on 2-2-2011 at 9 a.m. the accused along
with P.W. 15 Ismail came to his shop and that the accused offered him to sell M.O. 14
mobile phone. On taking and looking at M.O. 14, he returned it to the accused by
refusing to purchase it. On 7-2-2011, the police came to his shop along with the
accused by police jeep. He told the police that the accused had approached him with an
offer for selling M.O. 14 and that he had returned it and refused to purchase it. He
identified the accused and also M.O. 14 mobile phone.
281. P.W. 14 is conducting a provision shop at the opposite side of the shop of P.W.
13, on the rear side of Olavakkode Rail Station, Palakkad. According to him, on 2-2-
2011, at about 9-9.30 a.m., the accused along with P.W. 15, approached him and the
accused offered him to sell M.O. 14 mobile phone. P.W. 15 was a person engaged in
collecting scrap materials and selling it at the shop of P.W. 13 and thereby he had prior
acquaintance with P.W. 15. After examining M.O. 14, he returned it to the accused and
refused to purchase it. On 7-2-2011, the police came to his shop along with the
accused. He identified the accused and also M.O. 14 mobile phone. When the accused
had approached him on 2-2-2011, the accused was dressed in M.O. 5 lungi and M.O. 6
shirt. He identified M.O. 5 and M.O. 6 also.
282. P.W. 81 seized M.O. 15 mobile cover of the deceased produced by P.W. 6 on 8-2-
2011, through Ext. P-76 mahazar. According to P.W. 6, the mobile handset of the
deceased was that of LG Company. M.O. 14 was the mobile phone of the deceased. He
produced M.O. 15 series cover, catalogue and guidelines of M.O. 14, before P.W. 81.
283. According to P.W. 72 Senior CPO, on 8-2-2011 P.W. 6 produced a mobile cover,
its catalogue and a paper from the Cholamandalam General Insurance Company, which
are M.O. 15 series before the CI, which the CI seized through Ext. P-76 mahazar.
284. According to P.W. 18, M.O. 14 was the mobile phone that was being used by the
deceased. It was purchased from a shop belongs to the friend of P.W. 6. It was she who
had accompanied the deceased to the shop for purchasing M.O. 14.
285. P.W. 82 was on additional charge of the Dy. S.P. Kunnamkulam, during the period
of incident. P.W. 81 handed over the case file to P.W. 82 for the continued investigation
on 9-2-2011. As per the direction of P.W. 82, P.W. 81 seized M.O. 29 series
photographs taken by P.W. 22 at the time of inquest, through Ext. P-17 mahazar.
286. On that day, P.W. 82 recorded the statement of P.W. 7, who identified the accused
who was in custody. P.W. 7 admitted that he had purchased M.O. 14 mobile phone from
the accused. On 9-2-2011 itself, P.W. 82 reached Palakkad with P.W. 7, and met P.W.
50, who identified M.O. 14 and also P.W. 7. P.W. 50 stated that M.O. 14 was purchased
by P.W. 7 from the accused in front of his shop. P.W. 13, P.W. 14 and P.W. 15 also
identified M.O. 14. On the same day, he reached the house of the deceased with M.O. 9
watch and M.O. 14 mobile phone, where P.W. 18 and P.W. 6 identified the same.
287. In Ganesh Lal v. State of Rajasthan MANU/SC/0694/2001 : (2002)1 S.C.C. 731, it
was held,
Section 114 of the Evidence Act provides that the court may presume the
existence of any fact which it thinks likely to have happened, regard being had

to the common course of natural events, human conduct and public and private
business, in their relation to facts of the particular case. Illustration(a) provides
that a man who is in possession of stolen goods soon after the theft may be
presumed by the court to be either the thief or one who has received the goods
knowing them to be stolen, unless he can account for his possession. The
presumption so raised is one of fact rather than of law. In the facts and
circumstances of a given case relying on the strength of the presumption the
court may dispense with direct proof of certain such facts as can be safely
presumed to be necessarily existing by applying the logic and wisdom
underlying Section 114. Where offences, more than one, have taken place as
part of one transaction, recent and unexplained possession of property
belonging to the deceased may enable a presumption being raised against the
accused that he is guilty not only of the offence of theft or dacoity but also of
other offences forming part of that transaction.
288. In Shivappa v. State of Mysore MANU/SC/0188/1970 : 1970 S.C.C. (Cri.) 215,
Baiju v. State of M.P. MANU/SC/0060/1978 : 1978 S.C.C. (Cri.) 142, Earabhadrappa v.
State of Karnataka 1983 S.C.C. (Cri.) 447, Gulab Chand v. State of M.P.
MANU/SC/0304/1995 : 1995 S.C.C. (Cri.) 552, Mukund v. State of M.P.
MANU/SC/0689/1997 : 1997 S.C.C. (Cri.) 799 and A. Devendran v. State of T.N.1998
S.C.C. (Cri.) 220 para 20 murder and robbery were proved to have been integral parts
of one and the same transaction and the presumption arising under Illustration (a) to
Section 114 of the Evidence Act was applied for holding the accused guilty of not only
having committed robbery but also murder of the deceased. The presumption was
founded on recovery of stolen property belonging to the deceased.
289. In Palan v. State 1973 K.L.R. 745 it was held,
After eliminating possible theories in favour of the accused the circumstance
that he was found in possession of the stolen articles has been considered
along with the other circumstances brought out in evidence and if it appears to
be reasonably beyond doubt, he can be found to be guilty of both robbery and
murder. If in his statement under Section 342 or deposition under Section 342A
of the Crl. P.C. he gives an explanation and that is proved to be false or if he
keeps silence when questioned under Section 342 of the Crl. P.C. the same can
also be taken into account as additional links in the chain of circumstantial
evidence.
290. In Vasudevan v. State of Kerala 1993(1) K.L.T. Short Note, Case No. 5, it was
held,
In such circumstance, accused being in possession of the stolen property is
naturally presumptive proof of his having committed the theft and also to him
having committed the murder as the theft and murder are so intimately
connected to form part of the same transaction, the recent and unexplained
possession of the stolen property will not only be presumptive evidence against
the accused on the charge of robbery but also on the charge of murder.
291. When valuable articles were removed from the body of the deceased after causing
her death or during the time of murder, definitely such properties will assume the
characteristics of stolen properties. Therefore, M.O. 14 missing from the deceased can
be treated as a stolen property removed from the deceased by the accused or forcibly
snatched away by the accused. The aforesaid dictum laid down in the decisions noted

supra are clearly applicable to the facts and circumstances of this case. When such
ingredients are proved, the said presumption under Section 114 of the Indian Evidence
Act can clearly be attracted.
292. P.W. 81 produced back the accused before the Judicial First Class Magistrate's
Court, Wadakkanchery, along with Ext. P-94 remand report. Ext. P-95 report dated 4-2-
2011 was filed before court for incorporating the name and address of the accused. Ext.
P-96 report was filed for deleting Section 307 IPC and for incorporating section 397 IPC.
On 7-2-2011, P.W. 81 filed Ext. P-97 report before court for incorporating Section 302
IPC.
293. According to P.W. 42, Ext. P-36 is the copy of the report regarding the extract of
the train signal register furnished by his colleague Station Master Nandakumar which
shows the train timings. On 5-2-2011 P.W. 42 produced Ext. P-36 report prepared by
him in respect of the sign off register of the Vallathol Nagar Railway Station.
294. At 11 a.m. on 8-2-2011, P.W. 81 collected M.O. 42 series soil from the scene of
occurrence through Ext. P-16 mahazar. According to P.W. 69, he showed the scene of
occurrence to P.W. 81 on 8-2-2011, from where P.W. 81 collected bloodstained soil and
some other soil. P.W. 21 is a resident of Vettikkattiri Desom just West to the Vallathol
Nagar Railway Station in Cheruthuruthy Panchayat. On 8-2-2011, he witnessed the
collection of soil by the police from the place wherein the deceased was lying, through
Ext. P-16 mahazar.
295. P.W. 31 is working at the Medical College, Thrissur as Medical Record Librarian
Grade II. According to her, Ext. P-4 case sheet was produced by her before the police
on 5-3-2011. P.W. 81 seized Ext. P-4 case sheet of the deceased from the Medical
College Hospital, Thrissur, produced by P.W. 31, through Ext. P-67 mahazar. P.W. 61 is
the Medical Record Librarian at the Medical College, Thrissur. On 5-3-2011, he affixed
his signature as attestor in Ext. P-67 mahazar by which the document produced by P.W.
31 was seized by P.W. 81.
296. At 11 p.m. on 10-2-2011, P.W. 82 reached the Shornur Railway Station and with
permission he prepared Ext. P-47 body mahazar of the ladies compartment number
08495 of the Ernakulam-Shornur passenger train No. 56608, lying at the third platform.
P.W. 53 is conducting trolley catering service at the Shornur Railway Station. On 10-2-
2011 at 11 p.m. when the police prepared Ext. P-47 mahazar in respect of the ladies
compartment which is the second one from last of the Ernakulam-Shornur Passenger
Train, he was present and he signed on it.
297. According to P.W. 33, on 13-2-2011, P.W. 82 came to the spot where they had
seen the accused. He pointed out the spot where the accused was seen. On 13-2-2011
at 11 a.m. P.W. 82 prepared Ext. P-79 mahazar in respect of the bus stop near
Kalamandalam, where the accused was seen around 9.30 p.m. on 1-2-2011, and also
describing the place where the deceased was lying injured, the old rail gate road
leading to the road, the lane leading to the old railroad, railway cabin, railway lines etc.
P.W. 75 witnessed P.W. 82 preparing Ext. P-79 mahazar by examining the bus stop and
surroundings near Kalamandalam on 13-2-2011.
298. P.W. 77 is the Assistant Director at the Regional Forensic Science Laboratory,
Thrissur. Earlier she had worked as the Senior Instructor (Forensic) at the Kerala Police
Academy. As per the request of the Investigating Officer, she had visited the scene of
occurrence in this case in the presence of the Investigating Officer. From two spots at
the scene of occurrence, she collected bloodstained stones from a depth of 30 cms. and

26 cms. and also collected, cellophane pressings from the concrete sleeper. She packed
it in three sealed packets and handed it over to the investigating officer, with specimen
seal. The investigating officer seized the same through Ext. P-53 mahazar. On the same
day, she reached Shornur Railway Station and examined bogie No. 08495 of the
299. According to P.W. 77, on 13-2-2011 she had examined the railway track at first.
The examination of the scene commenced at 8 a.m. and it continued up to 2 p.m.
Reddish brown coloured splatters mentioned in Ext. P-80 can occur only when blood
drops fall from a particular height on a flat surface. The pattern of splatters will differ
according to the height from where the blood drop falls. The blood drop falling from
around 20 inches height will create a round shape pattern with sharp delineated margin.
When blood drop falls from a height of 20-40 inches, there will be serrated projections
at the side margin of the drops, and if it is from a height of 60-80 inches, these
serrated projections shall be lengthy like sun rays like patterns. In this case it was seen
as sun rays like pattern. According to her, what she meant by the term "smear present
on the track" is the pattern occurs when the bloodstained body moves to another
surface and that the same is smear pattern. The same had occurred in this case. MO. 43
series were the material objects collected by her from the scene. M.O. 43 series are
mentioned as item Nos. 23, 24 and 25 in page No. 11 of Ext. P-2.
300. According to P.W. 82, on 13-2-2011 at 9.45 a.m., he seized M.O. 43 series of
bloodstained stones and the fibre collected from the concrete sleeper at the scene of
occurrence, by P.W. 77 Senior Scientific Assistant, through Ext. P-53 mahazar. P.W. 55
saw P.W. 77 collecting materials from the scene of occurrence and handing it over to
the investigating officer, for which Ext. P-53 mahazar was prepared, in which he also
301. P.W. 67 is a C.P.O. attached to the Cheruthuruthy Police Station. On 13-2-2011,
he had gone to the scene of occurrence in this case with P.W. 82. He saw P.W. 77
examining the scene and collecting bloodstained aggregates etc. The said materials
were packed and sealed and handed over to P.W. 82, which P.W. 82 seized through Ext.
P-53 mahazar. He is the scribe of the said mahazar, in which he also affixed his
signature.
302. On 13-2-2011 P.W. 19 was called to the Chelakkara Police Station and he was
asked to produce the shirt and the dhoti worn by him on 1-2-2011 at the time when he
lifted and carried the deceased. As the same were stained with full of blood, on that day
itself he had washed it on reaching the quarters. M.O. 27 series are the said shirt and
dhoti, which he produced before the police. According to P.W. 82, at 6 p.m. on that
day, he seized M.O. 27 series shirt and dhoti produced by P.W. 19, through Ext. P-17
mahazar.
303. P.W. 74 was a Senior C.P.O. attached to the C.I. Office, Chelakkara, as on 13-2-
2011 and 26-2-2011. On 13-2-2011 at 6 p.m. he saw P.W. 19 producing M.O. 27 series
shirt and dhoti, before P.W. 82. The same were seized through Ext. P-78 mahazar in
which he also affixed his signature.
3 0 4 . On 14-2-2011, P.W. 82 filed Ext. P-46 forwarding note for subjecting the
properties to DNA test.
305. P.W. 70 is the Joint Director Research holding charge of Assistant Director D.N.A.
in the Forensic Science Laboratory, Thiruvananthapuram. He is M.Sc. in Zoology passed
in First Rank with Distinction, and also Ph.D. in Zoology with six months training in
Forensic Biology and Zoology in C.D.P.O., Hyderabad. He had undergone one month

training in DNA fingerprinting in the Forensic Science Department, Chennai. He has 23
years experience in Forensic Biology and 2 1/2 years experience in DNA fingerprinting.
3 0 6 . On 5-2-2011, a parcel consisting of 8 sealed packets was received from Dr.
Thanooja, Assistant Professor in O & G, M.C.H., Thrissur (P.W. 1) in connection with
Crime No. 41/2011 of Cheruthuruthy Police Station. In connection with the same crime,
another parcel consisting of 17 sealed packets was received from J.F.C.M.,
Wadakkanchery on 17-2-2011.
307. All the packets were sealed with impressions of seals corresponding with the
specimen seal impressions forwarded. The seals were intact. The parcels in total,
consist of 25 items with some sub items in some of the items.
308. P.W. 70 examined all the items except item No. 16 and issued Ext. P-2 report,
which bears his signature and office seal. Ext. P-75 is the covering letter forwarded by
the Director. Ext. P-2 contains, the report of Rahila, R. (P.W. 51) as well. Pages 1 to 20
of Ext. P-2 contain his report and the remaining two pages contain the report of P.W.
51.
309. Item 1(a) and 2(b) contain the vaginal swabs of the victim. Item 2(a) is the
vaginal smear collected from the victim. Item 3(a) is a cut open garment (M.O. 1) and
item 18 is a torn lungi (M.O. 5). Item No. 8 is the blood sample of the accused. It
stands proved through DNA typing that the seminal stains on item No. 1(a), 1(b), 2(a),
2(b), 3(a) and 18 belonged to the accused, to whom the blood sample in item No. 8
belongs.
310. According to P.W. 70, in page 15 of the Ext. P-2 report, there is an error (typing)
in Sl.No. 16 (last column). In that column it is mistakenly recorded as 'XX' instead of
'XY' (the column consists of item No. 8 blood sample of the accused). The blood sample
of a male will always be shown as 'XY' and not 'XX'. Both the second and third columns
are having the same profiles. Second column is with respect to the seminal stains and
the third column is with respect to the blood.
311. Item 2(c) is the nail clippings of the victim. Item 3(a) is the cut open top (M.O.
1), Item 3(b) underskirt (M.O. 4), Item 3(c) shimmy (M.O. 2) and Item 3(d) brassier
(M.O. 3) of the deceased. Item No. 9 is pieces of granite stones (M.O. 32). Item No. 10
is also included in M.O. 32. Item No. 12 is the hairs recovered from the scene. Item No.
13 is the pants (M.O. 8) and item No. 14 is the underwear (M.O. 21) of the deceased.
Item No. 17 is the shirt (M.O. 6) of the accused. Item Nos. 19(a) and (b) are nail
clippings of the victim taken at the time of post-mortem. Item Nos. 24 and 25 are
granite stones collected from the scene.
312. All the above items were found containing human blood, of which blood on items
3(a), 3(b), 3(c), 3(d), 9, 10, 12, 13, 14, 17, 24 and 25 belongs to the victim to whom
the blood sample in item No. 1(b) belongs.
313. Nail clippings in items 2(c), 19(a), 19(b) contained human blood and epithelial
tissues. In DNA typing, the bloodstains and epithelial tissues in those items were found
to be those of the victim to whom the blood sample in item No. 1(b) belongs and the
accused to whom the blood sample in item No. 8 belongs.
314. The learned counsel for the accused has attempted to canvass an argument that
there is a doubt regarding the correctness of the findings of P.W. 70 entered in Ext. P-2
by pointing out what is noted is 'XX' in column No. 3 in Sl.No. 16 contained in page No.

15 of Ext. P-2. P.W. 70 has clearly explained that it is only a typographical error which
has resulted in entering 'XX' instead of 'XY' in the said column relates to the blood
sample of the accused. In respect of item No. 8, he has explained that the blood sample
of a male will always be shown as 'XY' and not 'XX'. The second column is with regard
to the seminal stains, wherein it has been correctly shown as 'XY'. The said proposition
is clear from page 16 of Ext. P-2 also, wherein the blood sample of the deceased who is
a female is shown as 'XX' in column No. 2 and blood sample of the accused who is a
male is shown as 'XY' in column No. 3.
315. From the evidence of P.W. 70 and the contents of Ext. P-2, it stands proved that
the cream coloured cut open top of the deceased identified as M.O. 1 which is noted as
item No. 3(a) in page No. 6 of Ext. P-2 and M.O. 5 lungi worn by the accused which is
described as item No. 18 in page No. 10 of Ext. P-2 contained seminal stains, D.N.A.
typing of which proved that the said seminal stains belong to the accused, whose blood
sample is item No. 8 described in page No. 8 of Ext. P-2. Likewise, item Nos. 1(a) and
2(b) contain vaginal swabs of the victim and item No. 2(a) micro slides in which the
vaginal smear collected from the victim was there, were also subjected to D.N.A.
Typing, which also revealed that the same contained semen and spermatozoa belong to
the accused, to whom the blood sample in item No. 8 belongs.
316. Item No. 2(c) is the nail clippings of the deceased, item No. 3(a) is M.O. 1 top of
the deceased, item No. 3(b) is the underskirt, item No. 3(c) is the white cut open
shimmy of the deceased with dark brown stains on large area, item No. 3(d) is the
white cut open brassier of the deceased with dark brown stains on large area, item No.
9 contains 3 pieces of granite stones with dark brown stains collected from track No. 5
towards west from the scene of occurrence on 2-2-2011, item No. 10 contains 4 pieces
of granite stones collected from the scene of occurrence near the electric post bearing
No. 3/36 on 2-2-2011, item No. 12 is seven black hairs and a small quantity of blood
flakes which were collected from the scene on 2-2-2011, item No. 13 is the black
coloured pants of the deceased containing small dark brown stains, item No. 14 is a
light saffron coloured elastic underwear of the deceased which contained small dark
brown stains and item No. 19(a) is few nail clippings of the right hand and item No.
19(b) is few nail clippings of the left hand of the deceased, collected during the post-
mortem.
317. Item Nos. 1(a), 1(b), 2(b), 2(c) and 2(d) are M.O. 39 series. Item Nos. 4(b), 5, 6,
7 and 8 are M.O. 40 series belonging to the accused. Item Nos. 19(a) and 19(b) nail
clippings, item No. 20 pubic hair are M.O. 41 series belonging to the deceased. Item
Nos. 21 and 22 are M.O. 42 series. Item Nos. 23, 24 and 25 are M.O. 43 series. Item
Nos. 9, 10 and 11 are M.O. 32 series. Item Nos. 3(a) is M.O. 1, 3(b) is M.O. 4, 3(c) is
M.O. 2 and 3(d) is M.O. 3 of the deceased. Item No. 13 is M.O. 8, item No. 14 is M.O.
21, and item No. 15 is M.O. 10 of the deceased. Item No. 17 shirt is M.O. 6 and item
No. 18 lungi is M.O. 5, of the accused.
318. Item Nos. 2(c), 3(a), 3(b), 3(c), 3(d), 9, 10, 12, 13, 14, 17, 19(a), 19(b), 24 and
25 contain human blood. D.N.A. typing showed that the bloodstains in item Nos. 3(a),
3(b), 3(c), 3(d), 9, 10, 12, 13, 14, 17, 24 and 25 belonged to the deceased, to whom
blood sample in item No. 1(b) belongs. Even though items 5 and 18 contain blood, it
was insufficient for determining the origin. The examination proved that the nail
clippings in item Nos. 2(c), 19(a) and 19(b) contain human blood and epithelial tissues.
D.N.A. typing proved that the bloodstains and epithelial tissues in item Nos. 2(c), 19(a)
and 19(b) belong to the deceased and the accused, to whom the blood samples in item
Nos. 1(b) and 8 belong.

3 1 9 . According to P.W. 51, Assistant Director (Physics) of the Forensic Science
Laboratory, Thiruvananthapuram, she examined M.O. 30 as three pieces of violet colour
button which is item No. 16 in Ext. P-2. M.O. 6 shirt of the accused is item No. 17 in
Ext. P-2. P.W. 51 removed M.O. 33 buttons which were found present in M.O. 6 shirt
listed as item No. 17 in Ext. P-2. One of the pieces of the button in M.O. 30 contain
thread also. On examination of M.O. 30 and M.O. 33 series she could find that M.O. 30
noted as item No. 16 and M.O. 33 noted as item No. 17 are similar. The name 'double'
was seen written in M.O. 30 as well as other buttons of M.O. 6 shirt including M.O. 33
series. The tailor's label found on M.O. 6 shirt listed as item No. 17 in Ext. P-2 showed
"Karl Hogan Formals by double bull". On examination she could find that the thread
contained in one of the pieces in M.O. 30 button was the same thread used for stitching
the other buttons of M.O. 6 also. According to her, M.O. 30 and M.O. 33 series are the
buttons of the very same M.O. 6 shirt. The colour, size, style and cast mark of M.O. 30
and M.O. 33 are the same.
320. In cross-examination, P.W. 51 clarified that some buttons on the front side of the
shirt were not available and were seen detached away. According to her, on
examination of the thread available on M.O. 6 shirt at the place from where such
buttons were lost, she could realise that the same were got detached very recently.
According to her, the buttons for hole Nos. 2, 5 and 6 at the front side were the buttons
detached away and lost from the shirt. A safety pin was seen used at the corresponding
portion to the 5th button hole of the shirt for closing that portion. She counted the
button holes downwards from the collar starting from the first hole avoiding the hole at
the collar.
321. The learned counsel for the accused attempted to canvass an argument that it is
not normally possible to believe that the accused had worn the very same M.O. 5 and
M.O. 6, which he had allegedly worn at the time of incident, when he was taken into
custody and got identified by the witnesses, and also at the time of his arrest and body
search. We do not see any merit in the said argument. Firstly, because the accused was
not doing acts, which are normally expected from a human being. Secondly, P.W. 63
Railway Dy. S.P., Palakkad took the accused who was dressed in M.O. 5 lungi and
bloodstained M.O. 6 shirt, into custody, in front of the bus stop situated in front of the
Palakkad Town Railway Station at 11 p.m. on 2-2-2011, and produced him before P.W.
81. The accused was taken into custody on the next day itself.
322. In Aftab Ahmad Anasari v. State of Uttaranchal MANU/SC/0036/2010 : (2010)2
S.C.C. 583, it was held:
Yet another circumstance relied upon by the prosecution is that the underwear
of the appellant was stained with blood and semen. The fact that underwear put
on by the appellant was seized under a panchnama is not disputed on behalf of
the appellant at all. The High Court ignored this circumstance stating that the
appellant was young and, therefore, finding of semen stains was natural.
However, the High Court ignored the material fact that in normal course, the
underwear would not have bloodstains at all and, therefore, it was for the
appellant to offer explanation as to under what circumstances stains of blood
were found on his underwear, seized by the police during the course of
investigation.
4 6 . The fact that the underwear of the appellant seized by the police had
human bloodstains is sufficiently proved by the contents of report of Chemical
Analyst. The fact that the bloodstained underwear put on by the appellant was

seized after four days does not make any dent in the prosecution case on the
ground that a person would not move with such blood stained underwear for 3-
4 days. One cannot lose sight of the fact that those stains were not visible and
even the investigating officer had stated that on examination the underwear put
on by the appellant appeared to be stained with semen at some places. If
bloodstains are found on the shirt or pant of a person then normally such
person would not move in the village with those clothes on, because stains of
blood would be visible and noticed by anyone. However, it is almost difficult for
anyone to notice stains of blood on underwear worn by a person. Further, the
sense of cleanliness of a rustic villager cannot be ignored by the Court.
323. As on 16-2-2011 P.W. 78 was a Village Officer of the Cheruthuruthy Nedumpura
Group Village. He prepared Ext. P-81 sketch of the scene of occurrence in this case as
per the request of the investigating officer. He was provided with a copy of the scene
mahazar. He visited the scene and prepared a sketch in respect of the matters noted in
the scene mahazar, on 11-2-2011. He produced the same before the investigating
officer on 16-2-2011. There were five lines at the scene of occurrence. The third line is
one which connects the two lines at the eastern side and the two lines at the western
side. On 16-2-2011 P.W. 82 produced Ext. P-81 sketch before court.
324. P.W. 81 filed a report before the C.J.M., Thrissur, for conducting the T.I. Parade,
and also for recording the statements of witnesses who saw the accused on the date of
incident in the train as well as at the Vallathol Nagar bus stop, under section 164
Cr.P.C.
325. P.W. 80 was working as JFCM-II, Thrissur. As per Ext. P-82 order of the C.J.M.,
Thrissur dated 10-2-2011, P.W. 80 was authorised to conduct a Test Identification
Parade in this case. He was also authorised to record the statements of the witnesses
also, through Ext. P-83 order.
326. As per Ext. P-82 order, P.W. 80 had conducted the Test Identification Parade on
19-2-2011 at Sub Jail, Viyyur. Ext. P-84 is the memorandum of the T.I. Parade, which
bears his signature. Ext. P-85 is the report of the T.I. Parade prepared by him. Four
witnesses namely Tomy Devassy (P.W. 4), Abdul Shukur (P.W. 40), Shajahan (P.W. 33)
and Shafi (P.W. 45) attended the parade, and all of them identified the accused
Govindaswamy correctly. Particulars of the T.I. Parade are explained in Exts. P-84 and
P85. Ext. P-86 is the attendance of the witnesses with their signature. Ext. P-87 is the
signature of the accused with his right thumb impression. Ext. P-88 is the name,
address and signature of the known suspects participated in the T.I. Parade. Prior to the
T.I. Parade, Ext. P-90 notice was issued to the accused through the Superintendent of
the Viyyur Sub Jail, and it was acknowledged by the accused and returned to him with a
covering letter. Ext. P-89 is the acknowledgment of the accused.
327. According to P.W. 4, he got a notice calling upon him to appear at the Viyyur Jail
on 19-2-2011 at 8 a.m. He reached the jail. He was asked to wait. After some time, he
was taken to the conference hall. Some persons who were looking alike were made to
stand there, out of whom, he identified the accused.
328. According to P.W. 40, he had received a summons calling upon him to appear at
the Viyyur Sub Jail on 19-2-2011 at about 8 a.m. He reached Viyyur Sub Jail, where he
identified the accused who was seen standing among some other persons. He affixed
his signature in the report prepared by the learned Magistrate.
329. According to P.W. 45, he along with P.W. 33 went to Viyyur Jail at 8 a.m. on 19-

2-2011. There he could see the accused, and he identified him before the Magistrate
and affixed his signature to that effect in the report prepared by the Magistrate.
330. According to P.W. 33, on 19-2-2011, he was called to the Viyyur Jail and also to
the Judicial First Class Magistrate's Court, Thrissur. He saw the accused at the jail and
identified him and gave statement to that effect.
331. After the completion of the T.I. Parade, on the same day at 2.30 p.m. P.W. 80 had
recorded the statements of the witnesses. Ext. P-7 is the statement of Tomy Devassy
(P.W. 4), Ext. P-28 is the statement of Shajahan (P.W. 33), Ext. P-34 is the statement of
Abdul Shukkur (P.W. 40) and Ext. P-39 is the statement of Shafi (P.W. 45). According
to P.W. 80, he had complied with all the legal formalities to conduct the T.I. Parade and
to record the 164 Cr.P.C. statement. He has taken down the statement in the open Court
(Court hall) in-camera, after administering oath. He has certified at the bottom of the
statement. According to him, the witnesses had appeared before him in response to his
notice, voluntarily, and they have furnished their statements voluntarily.
332. According to P.W. 4, as he was asked to appear before the Magistrate's Court at
Thrissur at 2 p.m. on 19-2-2011, he reached there, and furnished Ext. P-7 statement
before the Magistrate, which the Magistrate recorded under Section 164 Cr.P.C.
According to him, he gave a precise version of what he had stated before police, in Ext.
P-7. According to P.W. 40, on 19-2-2011 he appeared at the Magistrate's Court and
furnished Ext. P-34 statement in which he affixed his signature. According to P.W. 45,
on 19-2-2011, in the afternoon he appeared at the Magistrate's Court and furnished Ext.
P-39 statement. According to P.W. 33, on 19-2-2011, he furnished a statement before
the Magistrate at the Magistrate's Court, Thrissur. Ext. P-8 is the said statement
furnished by him in which he had affixed his signature.
333. P.W. 20 is a photographer, who is a native of Chelakkara, where he is conducting
a studio named 'Alfa Studio'. As engaged by P.W. 82, he took the photographs of the
scene of occurrence in this case on 21-2-2011 by using his DVD camera having a
memory card. On 26-2-2011, he produced M.O. 28 DVD containing 39 stills before the
police, which the police seized through Ext. P-15 mahazar, in which he also affixed his
signature. The DVD was played in open court before the court below. Ext. P-18 series
photographs are taken from the stills in the DVD. On 21-2-2011 PW. 82 caused the
photographs of the scene of occurrence to be taken and seized M.O. 28 DVD produced
by P.W. 20 for the same. Ext. P18 series are the said photos.
334. According to P.W. 74, on 26-2-2011 at 4 p.m. P.W. 20 produced M.O. 28 DVD in
respect of the photos taken by him in respect of the scene of occurrence, before PW. 82
at the C.I. Office, Chelakkara which was seized through Ext. P-15 mahazar in which he
also affixed his signature.
3 3 5 . On 2-3-2011, P.W. 82 seized Exts. P-30 and P-49 to 52, through Ext. P-48
mahazar. According to P.W. 73, on 2-3-2011 at 3 p.m. she was present when P.W. 54
produced the attested copies of the records relating to the details of the staff in the
train involved in this case on 1-2-2011, before PW. 82, which he seized through Ext. P-
48 mahazar, in which she affixed her signature. The said documents seized were Ext. P-
49 rough journal, Ext. P-50 C.T.R., Ext. P-51 Train Singed Register, Ext. P-52 Loco Staff
signing register and Ext. P-30 copy of the report furnished by P.W. 34.
336. On 3-3-2011, P.W. 82 seized Ext. P-70 CD containing the photographs taken by
P.W. 64 during the post-mortem examination, through Ext. P-77 mahazar. According to
P.W. 73, on 3-3-2011 at 11 a.m. PW. 64 produced Ext. P-70 CD containing the

photographs taken during the post-mortem examination of the deceased and the same
was seized through Ext. P-77 mahazar in which, she affixed her signature.
337. On 4-3-2011 P.W. 82 produced before court, Ext. P-100 appointment order of the
deceased obtained from the institution wherein she was working. P.W. 82 produced Ext.
P-93 series details obtained from the Tamil Nadu Fingerprint Bureau before court. P.W.
82 seized 18-3-2011 at 8 a.m., M.O. 17 series SIM cards produced by P.W. 7, through
Ext. P-9 mahazar.
338. One of the main arguments forwarded by the learned counsel for the accused is
that the court below has not extended sufficient opportunity to the accused to adduce
defence evidence. According to the learned counsel for the accused, the accused was
not permitted to examine all the witnesses, who were included by the accused in the
defence witness schedule. The learned Special Public Prosecutor has pointed out that
the learned counsel for the accused had filed a witness schedule in which altogether 52
witnesses were included, and most of the said witnesses had nothing to do with the
matters in controversy in this case. It is also pointed out that most of those witnesses,
even if examined, could not have assisted the defence in any manner.
339. On 4-10-2011, the aforesaid defence witness schedule was filed. After hearing
both sides, the court below permitted the examination of witnesses named 1, 5, 6, 10,
14, 15, 16, 17, and 18 in the list. Summonses were ordered to witnesses 1, 6, 15 and
18 for examination on 10-10-2011, to witnesses 5, 10, and 14 for examination on 11-
10-2011, and to witnesses 16 and 17 for examination on 12-10-2011. On 10-10-2011,
witnesses 1, 15 and 18 were present, out of whom witness number 15 alone was
examined as D.W. 1. The other two witnesses were given up by the learned counsel for
the accused. On 11-10-2011, witnesses 5 and 14 were present. Witness No. 10 who is
none other than the brother of the accused, was reported to be absconding. Those
witnesses, who were present on that day, were also given up by the learned counsel for
the accused. On 12-10-2011, witnesses 16 and 17 were present. But, those witnesses
were also given up by the learned counsel for the accused. Therefore, it is evident that
even though eight witnesses were present for examination, only one of them was
examined as D.W. 1. According to the learned counsel for the accused, the court below
ought to have summoned all the other witnesses also.
340. The learned Special Public Prosecutor has pointed out that all the other witnesses
were cited by the accused just for propaganda and also for causing unnecessary
vexation and delay in the proceedings of the case. Witnesses 1 to 4 were cited to prove
the very same point Even though witness No. 1 was present and available for
examination, he was not examined and given up. The purpose for which witnesses eight
and nine were cited is for proving that they did not see the police seizing dual Sim, and
that they did not furnish statement before the police. The examination of the said
witnesses is not at all material or warranted. Witnesses 11 and 12 were cited to depose
that the accused had never stated the names of those witnesses as the name of the
accused. Their examination is also not required for any purpose at all. The Divisional
Operations Manager, Southern Railway is witness No. 13 in the list, whose examination
is also not required for any purpose. Similar is the case with witnesses 14 and 18 to 20.
341. The learned Public Prosecutor, Thrissur is cited as witness 22. The purpose for
which he was cited is to prove that he had not provided any advice to the police prior to
the filing of the final report. The learned Judicial First Class Magistrate, Wadakkanchery,
was cited as witness 23 for proving that the accused was remanded by her. No purpose
would be served on account of their examination. Similar is the case with witnesses 24

and 25 also. Witnesses 26 to 33 are the Editors and Reporters of the prominent
Malayalam news dailies. The purpose for which they were cited, clearly reveal that the
intention was to cause mere vexation and delay.
3 4 2 . Witnesses 34 and 35 are the editor and reporter of a magazine named
"Pachakkuthira", who was also cited for no valid purpose at all. Late Sukumar Azhikode,
who was a prominent writer and orator, along with four other persons who are social
workers are cited to prove that they had felicitated P.W. 4 'for not pulling the alarm
chain to stop the train'. Sri K. Radhakrishnan, M.L.A. and Sri K.P. Rajendran, Minister
were also cited, for no valid purpose at all. Four persons were cited to prove that the
police had not questioned them after the incident. Witness No. 50 is cited to prove that
he got down at Vallathol Nagar on the date of incident and went to his house through
the road in front of Kalamandalam. Name of a person without a proper address in it was
cited as witness 51 to prove that the accused was present along with him at Coimbatore
on 1-2-2011.
343. It is evident that all the aforesaid persons cited by the learned counsel for the
accused, who were not examined, are cited just for causing vexation and delay and also
for mere publicity. We do not find any merit in the argument forwarded by the learned
counsel for the accused that no opportunity was given to the accused by the court
below for adducing defence evidence.
344. The learned counsel for the accused has forwarded a strange argument that the
sperm of the accused was taken by the police with the assistance of P.W. 47 and the
same was made use of, for cooking up evidence against the accused. Can such an
argument be believed even for a moment? Can it be believed that the sperm of the
accused was obtained and was poured on M.O. 1 or into the vagina of the deceased who
was in a vegetable state lying connected to a ventilator in the I.C.U. of the Medical
College Hospital, Thrissur? The said argument deserves only to be discarded.
345. From the evidences discussed above, it has come out that the prosecution has
succeeded to establish the following circumstances cogently and evidently.
(1) The deceased, aged 23, hailing from Shornur, who is the elder sister of
P.W. 6 and the only daughter of P.W. 18, was working as Merchandiser at M/s.
Homestyle Interiors (Pvt.) Ltd. functioning in Oberon Mall, Edappally,
Ernakulam, and was eking her livelihood and that of her family out of her salary
of ' 6,000 per month.
(2) The deceased was provided with residential accommodation in a flat at 'S.I.
Apartments', Alinchuvadu by M/s. Homestyle Interiors and she was staying
there along with P.W. 16 who is the H.R. Manager of that Company.
(3) P.W. 76, who is an young man aged 24 years, working at M/s. 'Car & Port'
at Ernakulam, got acquainted with the deceased through his friends who are the
co-workers of the deceased and he proposed to marry her, to which, both the
families have concurred.
(4) A ceremony for fixing the betrothal was scheduled to be conducted at the
house of the deceased at Shornur and P.W. 76 along with his family members
were intended to visit the house of the deceased for the same on 2-2-2011.
(5) As the presence of the deceased was required for the same, P.W. 6 and
P.W. 18 called upon her to come by No. 56608 Ernakulam-Shornur Passenger

Train, as usual.
(6) P.W. 6, who is working as a driver in a house at Thrissur, had reached
Ernakulam by noon on 1-2-2011, in connection with his job and he had visited
the deceased at the Company by about 2.30 p.m., and even though the
deceased had expressed her desire to go along with him to Shornur, he could
not oblige as the family members of his employer were in the car, and thereby
he told her to come by the evening train.
(7) P.W. 16 lastly saw the deceased alive at 5 p.m. on 1-2-2011 and that the
deceased obtained permission of P.W. 16 to proceed to her house by
Ernakulam-Shornur Passenger Train, in connection with her betrothal function,
and thereafter she could see the deceased at the I.C.U. of the Medical College
Hospital, Thrissur, next day.
(8) M/s. Homestyle Interiors have prescribed dress code for their employees, as
cream coloured 3/4 sleeve shirt, black pants, black shoe etc. and female
employees have to clip their hair and put hair net on it.
(9) The deceased was using M.O. 14 mobile phone and the phone number was
8089783489, which connection was taken in the name of P.W. 6.
(10) The deceased used to get down at Shornur and from where, P.W. 36, who
is one of her neighbours and the friend of P.W. 6, used to take her to her house
by his autorickshaw.
(11) Usually, the deceased used to travel by the ladies compartment and on 1-
2-2011 by 5.30 p.m. she boarded the last compartment of the Ernakulam-
Shornur Passenger Train having No. 56608, a portion of which is meant for
ladies, from the Ernakulam Town North Railway Station, after purchasing Ext.
P-25 ticket.
(12) The last but one compartment is exclusively a ladies compartment and the
compartment attached in front of that ladies compartment was a general
compartment.
(13) The last compartment was divided into four divisions; the last division is
the luggage room, the next to it, in front, is the division meant for ladies coach,
then, next to it in front, is the guard room and the next division in front is the
luggage and chest room.
(14) P.W. 3 Rejula, a Muslim lady aged 36, along with her mother, her daughter
and her one year old granddaughter, was also travelling along with the
deceased by the ladies division in the last compartment, up to Mulloorkara.
(15) By about 7 p.m. at 1-2-2011, P.W. 6 had called the deceased over phone
and then she told him that the train was about to leave Thrissur, and that there
was a family also in the train.
(16) After getting into the train on 1-2-2011, the deceased had called P.W. 18
and told her that she had got into the train and after some time the deceased
gave her a missed-call and thereby she called back and talked for some time.
(17) When the train was about to reach Mulloorkara, the deceased had called
P.W. 18 and told her that she would call again when the train would reach near

Shornur.
(18) On 1-2-2011 the deceased had contacted P.W. 76 over phone and
informed him that she would be going to her house by the Ernakulam-Shornur
Passenger Train at 5.30 p.m., and that they had contacted each other over
phone 6-7 times during her journey in the train, and that lastly it was at about
8.30 p.m. she had called him over phone and informed him that the train had
reached Vallathol Nagar Railway Station and further told him that after 10
minutes the train would reach Shornur and that she would call him, on reaching
her house, as the charge of her mobile phone was about to run out.
(19) When the train reached Thrissur, most of the passengers in the
compartment in which the deceased was travelling, got down and another lady
who was travelling by the said compartment also got down at Wadakkanchery,
thereby the remaining passengers were the deceased, P.W. 3 and the aforesaid
family members of P.W. 3 only.
(20) P.W. 3 got down at Wadakkanchery Railway Station and purchased milk
from the milma booth and again got into the compartment, and at that time,
she could notice the accused dressed in M.O. 5 lungi and M.O. 6 shirt, who was
standing outside the compartment and peeping through the window into the
compartment, staring at her with a hungry look, thereby she complained about
it to her mother.
(21) When they reached Mulloorkara, P.W. 3 and her family members also got
down, and that the deceased became alone in the said portion of the last
compartment, thereby she also got down there and hurriedly got into the ladies
compartment attached in front of it, which could be noted down by P.W. 34, as
usually ladies would not get down there, as there was no platform.
(22) P.W. 4 was travelling by the general compartment attached in front of the
aforesaid ladies compartment in which the deceased got into from Mulloorkara
and he was standing with his bag at the left rear door of that general
compartment, as he was eager to catch the West Coast Express Train for going
to Kozhikode from the Shornur Railway Station, as the said Passenger Train by
which he was travelling was lying idle for some time at Vallathol Nagar Railway
Station, and that he was afraid that the other train might go.
(23) At that time, the accused came from his back, tapped on his shoulder and
asked for space to move, and then the accused got down by murmuring some
thing and was seen going towards the rear side of the train as if he was
searching for some thing in the ladies compartment and was peeping into the
ladies compartment.
(24) Again the accused came back and got into the general compartment
through the middle door and then P.W. 4 could realise that the left palm of the
accused was amputated at the wrist.
(25) The train moved from Vallathol Nagar Railway Station and proceeded in a
slow pace and then P.W. 4, P.W. 40 and others in the General compartment
could hear the cries of a lady from the ladies compartment attached behind it.
(26) A middle aged man, who was standing at the rear side of that general
compartment, told P.W. 4 and others that a girl had jumped through the right

door of that ladies compartment and she had escaped.
(27) The demand of P.W. 4 to pull the alarm chain to stop the train was
dissuaded and resisted by that middle aged man by saying that P.W. 4 would be
going to disturb other passengers and also by requesting that they should not
be dragged to court unnecessarily.
(28) P.W. 4 and P.W. 40 were worried about the cry of the woman heard from
the ladies compartment attached behind their compartment and they could see
the accused coming to the lower step of the front left door of that ladies
compartment from inside, and by standing there by holding on the side bar of
the compartment with his right hand and by leaning forward, the accused
prepared himself for a safe landing on the ground and thereafter jumped out,
landed safely on the ground on his feet and right palm, and then sprang up and
swiftly walked towards the rear side.
(29) By about 8.30 p.m. on 1-2-2011, P.W. 38 and her neighbour P.W. 39 who
were residing just 20 mtrs. away from the railway track and around 100 mtrs.
away towards north from the railway platform of the Vallathol Nagar Railway
Station, heard a frantic cry of a female from the rear portion of the Ernakulam-
Shornur Passenger Train, which passed through the railway track towards
Shornur.
(30) P.W. 34 was the guard of the Ernakulam-Shornur Passenger Train on that
day and when the train reached at platform No. 3 of the Shornur Railway
Station at 20.45 hours, 35 minutes ahead of the scheduled arrival time, P.W. 4
and P.W. 40 rushed to P.W. 34 and complained about the cry of a girl from the
said ladies compartment and further told him that the girl jumped out of that
coach to the right side and after some time a man jumped out of that coach to
the left side.
(31) P.W. 34 took P.W. 4 and P.W. 40 to the RPF Station at the Railway
platform and informed the matter there and the two policemen attached to the
RPF who were present there contacted the local police over phone and informed
the matter.
(32) P.W. 34 directly called P.W. 42 Station Master of the Vallathol Nagar
Railway Station, over phone and informed him also and P.W. 42 replied that he
would sent somebody to verify it.
(33) P.W. 34 noted down the phone number of P.W. 4 and P.W. 40 and then
went to the Station room and furnished Ext P-30 written message regarding the
incident to the Station Master on duty.
(34) P.W. 4 and P.W. 40 exchanged their phone numbers also for future
contact, if any required.
(35) The said train arrived at Vallathol Nagar Railway Station at 8.27 p.m. and
departed to Shornur at 8.33 p.m.
(36) P.W. 42, on getting the information through P.W. 34, called P.W. 19 Gang-
man who was on off-duty, as there were no other persons who could be
engaged for the same, and asked him to verify by conducting search.

(37) P.W. 19 arrived there within a short time and called some young men from
the neighbouring houses and went for a search. Even though they searched for
a distance of more than one kilometre, they could not see anything.
(38) At about that time, P.W. 46 Assistant Sub Inspector of Police,
Cheruthuruthy also came to the Railway Station, and searched, and they also
could not find anything and thereby they returned.
(39) P.W. 42, on getting information that a young man who had participated in
the search had occasion to see a one handed man at the road side near the
Station, P.W. 42 requested them to search the railway track once again and
thereby they along with P.W. 19 went for another search in two batches.
(40) P.W. 69, while he was on his way to the shop of P.W. 72, situated at the
opposite side of Kalamandalam bus stop at 9.45 p.m. on 1-2-2011 by lighting a
torch, caught his eye on the deceased who was lying at the railway track in
such a way that her head was on the aggregates on the western side and her
legs were on the ground.
(41) The parts of the body of the deceased below her waist were nude except
the socks that were present on her feet, and M.O. 1 shirt worn by the deceased
was unbuttoned and was seen lifted and rolled up thereby her breasts were
exposed.
(42) By that time P.W. 5 and P.W. 48 also came over there and they also saw
the deceased in such a condition.
(43) They passed on the information to others and also to the police station.
(44) P.W. 19, P.W. 33, P.W. 52 and many others came over there and saw the
deceased.
(45) Blood was all over there on the face of the deceased and blood was oozing
out from the injuries on her face and head.
(46) Her left leg was in a folded position and she was seen moving her right leg
and right hand and she produced a slight groan.
(47) She was breathing with difficulty and by producing a peculiar sound due to
obstruction in the air way.
(48) M.O. 8 black pants in which M.O. 21 underwear was also seen, were lying
near the body of the deceased, as if the same were forcibly removed together,
and the other articles of the deceased were seen lying scattered near to it.
(49) The place where the deceased was lying was on the side of the railway
track and that the Thrissur-Shornur State Highway is situated about 10 mtrs.
away from that place and also 10 mtrs, above from the railway track and that
there were thick bushes in between the road and the railway track there, so that
nobody at the road could see the deceased lying at that spot.
(50) P.W. 33 brought cloth from the house of P.W. 52 and put it over the
deceased.
(51) P.W. 19 lifted and took up the deceased to the road along with C.W. 43

and others there. On that day, in the evening there had occurred an explosion
at a place called Thrangali near Shornur, at a place where crackers and fire
works being manufactured and thereby the then Revenue Minister Sri K.P.
Rajendran was proceeding to that place, along with pilot jeep of P.W. 24,
Additional Sub Inspector of Police, Anthikkad.
(52) When they reached that portion of the road to which the deceased was
taken at about 10 p.m. the men who were there waived hands and stopped the
police jeep.
(53) The deceased was taken into the police jeep and P.W. 19 along with C.W.
43 also got in.
(54) The deceased was taken to the Government Hospital, Wadakkanchery.
(55) The deceased was unconscious and was in a critical state.
(56) P.W. 62, Junior Medical Consultant at Taluk Hospital, Wadakkanchery who
attended the deceased, immediately referred her to the Medical College
Hospital, Thrissur for Neuro Surgical Management.
(57) The deceased was taken to the casualty of the Medical College Hospital,
Thrissur by the said police jeep.
(58) On 1-2-2011 at about 9.30 p.m. the young men who participated in the
search of the railway track as aforesaid, were standing in front of the provision
shop of P.W. 75 situated in front of Kalamandalam after parking their
autorickshaw in front of his shop, and at that time by seeing that autorickshaw,
the accused who was dressed in M.O. 5 lungi and M.O. 6 shirt which were seen
soiled, approached P.W. 75 and asked him whether the autorickshaw would go
to Thrissur.
(59) P.W. 45, an autorickshaw driver, who is the younger brother of P.W. 33
also came there on getting information regarding the fall of a person from the
train.
(60) The accused dressed in M.O. 5 lungi and M.O. 6 shirt which were seen
soiled, approached P.W. 45 and asked him whether the autorickshaw would go
on hire to Shornur and P.W. 45 replied that he came in search of a person who
had allegedly fallen from the train and therefore, he would not go for a drive.
(61) On hearing it, the accused became perplexed and there occurred a change
of expression on the face of the accused and immediately the accused cut
across the road and went towards the bus stop.
(62) When P.W. 45 saw the accused as aforesaid, the upper portion of the shirt
of the accused remained open without buttons in two, three button holes.
(63) By that time, P.W. 33 and his friends also came over there by an
autorickshaw and asked P.W. 45 as to whether he could see a person who had
fallen down from the train.
(64) Then P.W. 45 told them by pointing towards the accused that he had
suspicion as to whether it was the accused who had fallen down, and thereby
they questioned the accused and thereafter let him go, by thinking that the

accused was a person engaged in begging in trains.
(65) When P.W. 45 and P.W. 33 saw the accused as aforesaid, the accused was
seen panting.
(66) P.W. 5, P.W. 19, P.W. 33, P.W. 48, P.W. 52 and P.W. 69 and others who
saw the deceased lying at the spot, could immediately realise that the deceased
was subjected to rape by somebody.
(67) Till 8.30 p.m. on 1-2-2011, P.W. 6, P.W. 18 and P.W. 76 could contact the
deceased over her mobile phone, and thereafter her mobile phone became
switched off.
(68) P.W. 36 who had reached the Shornur Railway Station with his
autorickshaw for picking up the deceased for taking her to her house, could not
find her among the passengers came by that passenger train at Shornur and
thereby he informed the matter over the phone to P.W. 18.
(69) P.W. 36 searched for the deceased among the passengers who reached
Shornur by the 10.30 p.m. train also, and as she could not be traced out, he
informed the matter to P.W. 18.
(70) P.W. 36 went to the house of P.W. 18, collected her along with one of
their neighbours, came back to the Railway Station, and then complained to the
Station Master, who in turn, told them that a girl had fallen down from the train
and that she was taken to the hospital.
(71) The matter was informed to P.W. 6 also, and he went to the Medical
College Hospital, Thrissur, where she could see the deceased who was being
examined by doctors, and from where he came to know that the deceased was
subjected to rape.
(72) P.W. 6 furnished Ext. P-8 First Information Statement before P.W. 46, on
the basis of which P.W. 46 registered the crime through Ext. P-40 F.I.R.
(73) P.W. 81 started the investigation, traced out M.O. 14 from Wayanad and
traced out P.W. 7, who purchased it on 2-2-2011 in the morning around 10
a.m., from the accused at Palakkad.
(74) The call details from the mobile number of the deceased through M.O. 14
till 8.30 p.m. from 8.22 p.m. on 1-2-2011 show that the said mobile phone was
working within the limits of the towers coming under the Vallathol Nagar
Railway Station limits, and it was under the Puduppariyaram tower near
Palakkad Railway Station just after midnight.
(75) P.W. 63 Railway Dy. S.P., Palakkad took the accused who was dressed in
M.O. 5 lungi and bloodstained M.O. 6 shirt, into custody, in front of the bus
stop situated in front of the Palakkad Town Railway Station at 11 p.m. on 2-2-
2011, and produced him before P.W. 81.
(76) All the witnesses who had occasion to see the accused on 1-2-2011, and
also P.W. 7 who purchased M.O. 14 from the accused in the morning of 2-2-
2011, have identified the accused, when shown to them after his taking into
custody.

(77) The death of the deceased is proved to be homicidal, and that she was
subjected to rape.
(78) The injuries found on the head and face of the deceased were fatal and
also were sufficient in the ordinary course of nature to cause death.
(79) All such injuries were intentionally inflicted.
(80) M.O. 1 cream shirt worn by the deceased which was found on her body in
a lifted and rolled up state, contained the semen and spermatozoa of the
accused.
(81) The nail clippings of the deceased taken from her hands contained the
blood and epithelial cells of the accused.
(82) The nail marks found on the body of the accused during the examination
by P.W. 47 are proved to be defensive wounds inflicted by the deceased.
(83) M.O. 6 shirt worn by the accused contained the blood of the deceased.
(84) The vaginal swab and smear collected from the deceased contained the
human semen and spermatozoa of the accused.
(85) By about 8-8.30 a.m., on the next day to the date of incident, the accused
was found in possession of M.O. 14 mobile phone of the deceased.
(86) The accused attempted to sell away M.O. 14, and ultimately he could sell it
to P.W. 7 at Palakkad.
(87) P.W. 7 sold M.O. 14 to P.W. 10, from whom it was seized by the police.
(88) M.O. 30 button got detached from M.O. 6 shirt worn by the accused was
seized from the floor, near the door of the ladies compartment, wherein the
incident had occurred, along with the broken pieces of the hair clip and some
other articles of the deceased.
(89) At the time when the accused was examined by P.W. 47 doctor, the
accused made an extra-judicial confession that he had attacked the girl,
dropped her from the train and then went and committed rape on her.
(90) The said extra-judicial confession was made voluntarily when asked about
the cause of injuries found on the body of the accused and at that time no
police personnel was present in the room wherein such extra-judicial
confession was made by the accused.
(91) When all the incriminating circumstances made out by the prosecution as
against the accused, were put to him by the court below when examined under
Section 313 Cr.P.C., the accused gave the answer "incorrect", and has not cared
to offer any explanation at all.
346. We have noticed the manner in which most of the witnesses were subjected to
cross-examination by the learned counsel for the accused. It seems that most of the
witnesses were subjected to lengthy cross-examination for several days, and most of
such cross-examination are not relating to anything connected with the matters in
controversy in the case. It seems that, to P.W. 47 Assistant Professor and Police

Surgeon of the Medical College Hospital, Thrissur who had examined the accused, at 12
noon on 4-2-2011, unnecessary details regarding masturbation and sexual intercourse
are seen asked.
347. In cross-examination, P.W. 76 was asked whether the deceased had retired from
her works at Ernakulam and had started to her place by escaping from a sex racket in
which Pramod and Rafiqueth were there. The said Pramod is none other than the elder
brother of P.W. 76. It was suggested to P.W. 76 that he had wished to have sexual
intercourse with the deceased even prior to the marriage. It was suggested that as the
deceased had not agreed to have such physical contacts, and as such physical contacts
were not possible, the deceased had talked in angry mood to him on 1-2-2011. All such
suggestions were denied by him. It was further suggested to P.W. 76 that when he had
called the deceased at 8.30 p.m., the phone was picked up by Pramod and Joy and they
were in an angry mood towards him. He denied it. Then it was further suggested that
while talking so, the brother of P.W. 76 had told him that he had sexual intercourse
with the deceased.
348. When we enquired the learned counsel for the accused whether he had any written
instructions from the accused to put such questions, the learned counsel for the accused
got furious and replied that he was not ready to reveal the 'professional
communications' between him and the accused. We fail to understand that these are
professional communications. Can a lawyer put such questions to a prosecution witness
who had nothing to do with the incident?
349. It seems that P.W. 81 was subjected to cross-examination for six full days. He
was asked whether he came to know that the deceased had love affair with a person
named Mohammed Jafry. The witness denied it. When he was asked whether Rafiqueth,
Joy and Pramod were friends of the deceased, he answered that he came to know that
the deceased knew Pramod and Rafiqueth.
350. When P.W. 82 was cross-examined, he was asked whether he had enquired about
the sexual intercourse between the deceased and Pramod prior to the train reaching
Vallathol Nagar Railway Station. The witness denied it and stated that no such incident
had occurred. Then he was asked whether a gum like matter was seen beneath M.O. 21
shuddy worn by the deceased and some white matter was seen on it, and that was
liquid containing semen of Pramod. The witness denied it.
351. Again he was asked whether he had enquired about the getting down of the
deceased and Pramod at the Vallathol Nagar Railway Station on 1-2-2011 and their
walking towards the cabin and their quarrelling each other, there. The witness answered
that no such incident had occurred. Again, it was suggested that during such quarrel,
Pramod had snatched away the mobile phone of the deceased and took out its Sim card
and threw it away. The witness answered that no such incident had occurred. Then it
was suggested to P.W. 82 that Joy had attempted to commit rape on the deceased at
that place after removing the shoes, pants and shuddy of the deceased and at that time,
the deceased had thrown her umbrella towards Joy and then ran through the railway
track by crying aloud seeking help. The witness answered that no such incident had
occurred.
352. P.W. 82 was asked whether he had obtained the custody of the accused on 7-2-
2011 for collecting semen from him. The witness denied the said suggestion also.
353. Even when dealing with the evidence of P.W. 36 autorickshaw driver who had
gone to the Shornur Railway Station at the instruction of P.W. 18 for picking up and

bringing the deceased to her house, the learned counsel for the accused made a remark
before us that P.W. 36 was as good as the husband of the deceased. We had to warn
the learned counsel for the accused to desist from making such unfounded statements.
354. In State of A.P. v. Gangula Satya Murthy MANU/SC/0371/1997 : (1997) 1 S.C.C.
272, it was held,
We express our strong disapproval of the approach of the High Court and its
casting a stigma on the character of the deceased prosecutrix. Even if the Court
formed an opinion, from the absence of hymen, that the victim had sexual
intercourse prior to the time when she was subjected to rape by the appellant,
she had every right to refuse to submit herself to sexual intercourse by the
appellant, as she certainly was not a vulnerable object or prey for being
sexually assaulted by anyone and this position becomes all the more clear from
the contents of the letter written by the deceased to the accused deprecating
the idea of a married man enjoying another woman by terming it an act of
grave sin.
The Courts are expected to show great responsibility while trying an accused on
charges of rape. They must deal with such cases with utmost sensitivity. The
Courts should examine the broader probabilities of a case and not get swayed
by minor contradictions or insignificant discrepancies in the statement of the
witnesses, which are not of a fatal nature to throw out allegations of rape. This
is all the more important because of late crime against women in general and
rape in particular is on the increase. It is an irony that while we are celebrating
woman's rights in all spheres, we show little or no concern for her honour. It is
a sad reflection and we must be emphasized that the Courts must deal with
rape cases in particular with utmost sensitivity and appreciate the evidence in
the totality of the background of the entire case and not in isolation.
355. A three Judges Bench of the Apex Court in Delhi Domestic Working Women's
Forum v. Union of India and others MANU/SC/0519/1995 : (1995)1 S.C.C. 14 held,
It is rather unfortunate that in recent limes, there has been an increase in
violence against women causing serious concern. Rape does indeed pose a
series of problems for the criminal justice system. There are cries for harshest
penalties, but often times such crimes eclipse the real plight of the victim. Rape
is an experience which shakes the foundations of the lives of the victims. For
many, its effect is a long-term one, impairing their capacity for personal
relationships, altering their behaviour and values and generating endless fear.
In addition to the trauma of the rape itself, victims have had to suffer further
agony during legal proceedings.
The defects in the present system are: Firstly, complaints are handled roughly
and are not given such attention as is warranted. The victims, more often than
not, are humiliated by the police. The victims have invariable found rape trials a
traumatic experience. The experience of giving evidence in court has been
negative and destructive. The victims often say, they considered the ordeal to
be even worse than the rape itself. Undoubtedly, the court proceedings added
to and prolonged the psychological stress they had to suffer as a result of the
rape itself.
356. In Deb Narayan Haider v. Smt. Anushree Halder MANU/SC/0629/2003 : (2003) 11
S.C.C. 303, it was held,

Without there being any basis in the pleadings, or even in the evidence
examined by the applicant, the learned Magistrate should not have permitted
such a question to be put to the witness, particularly when it reflected not only
on the character of the appellant but also on another lady who was not a party
to the proceedings. In our view, the learned Magistrate was remiss in
permitting such a question to be put to the witness and in recording the answer
given by the witness. He should not have permitted such matters to go on
record. This, however, discloses the attitude of the respondent and the extent
to which she could go to malign the appellant and tarnish his image.
357. In State of U.P. v. Raghubir Singh MANU/SC/1124/1997 : (1997)3 S.C.C. 775, it
Now the question is--should the court have allowed defence witness to make
such imputations on the moral character of her mother in a case where the fact
in issue was whether the accused have kidnapped and murdered her son?
Section 140 of the Evidence Act permits that 'witnesses to character may be
cross-examined and re-examined'. Section 155 of the Act permits the adverse
party to impeach the credit of a witness in the modes enumerated in the
section. The first mode envisaged is by adducing evidence of persons who
testify that they believe the witness to be unworthy of credit. Questions to elicit
indecent or scandalous imputations from witnesses in the guise to shake the
credit of another witness or party should not have been permitted. Section 151
of the Act saddles every trial court with the power to forbid such questions
'although such questions or inquires may have some bearing on the questions
before the Court unless they relate to facts in issue'. (The second and third
modes envisaged in Section 155 are not relevant in this context.) The 4th mode
prescribed in the section applies to a limited class of cases. It is: 'when a man
is prosecuted for rape or an attempt to ravish, it may be shown that the
prosecutrix was of generally immoral character.
In an early decision of the Patna High Court in Mohd. Mian v. Emperor [(1919)
20 Cri. L.J. 566 (Pat)], it was pointed out that if inquiries involving any
scandalous matters are made with a purpose of shaking the credit of a witness
'the court has complete dominion over them and may forbid such questions
even though they may have some bearing on the question before the court'. But
the court may have no discretion to forbid such questions, if they relate to the
facts in issue or to matters necessary to be known in order to determine
whether or not the facts in issue existed. A Division Bench of the Calcutta High
Court in Subala Dasi v. Indra Kumar Hazzya (A.I.R. 1923 Cal 315), had to
consider the objection raised by the opposite side when a question was put to
the defendant during examination whether the defendant was made pregnant by
a certain person. The counsel who put the question defended it on the premise
that it was relevant as his client had a case that defendant did not inherit the
property by reason of her unchastity during the lifetime of her husband. The
Division Bench pointed out that if the fact in issue was whether the defendant
was disentitled to inherit the property by reason of her unchastity then the
question would be relevant. 'If, however, it was asked for impeaching her credit
as a witness', the court will have to consider its powers to forbid such
questions. If the fact in issue was concerning the paternity of the child Ashok,
perhaps, some relevance to the moral life of his mother could have been
assumed. But in this murder case where the mother of the child gave evidence
that her son was murdered we find little scope for conducting any inquiry into

the moral life of the mother. Law does not permit even the child of a prostitute
to be murdered. The murderer in such a case cannot escape by establishing that
the mother of the child was of loose morals. We, therefore, deprecate evidence
of D.W. 1 as quite unnecessary and irrelevant in this case.
3 5 8 . We do not understand as to why the court below had permitted the learned
counsel for the accused to put such questions containing defamatory and scandalous
remarks about the deceased as well as many other persons who had not even any
connection with the incident in this case. The learned Special Public Prosecutor has
explained that the learned counsel for the accused had quarrelled with the court below
when the court below had attempted to restrict such questions. Can the right to cross-
examine a witness be extended to such limits in putting such scandalous questions
without any basis? Under the guise of cross-examination, can a lawyer be permitted to
put such questions containing defamatory and scandalous matters against the deceased
as well as other innocent persons who had no connection with the incident? We are of
the view that the ordeal of the deceased continued even after her death, in the form of
such cross-examination, by falsely imputing allegations of immorality. Character
assassination have been done by way of such cross-examination as against the innocent
victim as well as other innocent persons.
359. Section 148 of the Indian Evidence Act, 1872 states:
Court to decide when question shall be asked and when witness compelled to
answer.--If any such question relates to a matter not relevant to the suit or
proceeding, except insofar as it affects the credit of the witness by injuring his
character, the Court shall decide whether or not the witness shall be compelled
to answer it, and may, if it thinks fit, warn the witness that he is not obliged to
answer it. In exercising its discretion, the Court shall have regard to the
following considerations:
(1) such questions are proper if they are of such a nature that the truth
of the imputation conveyed by them would seriously affect the opinion
of the Court as to the credibility of the witness on the matter to which
he testifies;
(2) such questions are improper if the imputation which they convey
relates to matters so remote in time, or of such a character, that the
truth of the imputation would not affect, or would affect in a slight
degree, the opinion of the Court as to the credibility of the witness on
the matter to which he testifies;
(3) such questions are improper if there is a great disproportion
between the importance of the imputation made against the witness's
character and the importance of his evidence;
(4) the Court may, if it sees fit, draw, from the witness's refusal to
answer, the inference that the answer if given would be unfavourable.
360. As per Section 149 of the Indian Evidence Act,
No such question as is referred to in Section 148 ought to be asked, unless the
person asking it has reasonable grounds for thinking that the imputation which
it conveys is well-founded.

The following illustrations are given to Section 149:
(a) A barrister is instructed by an attorney or vakil that an important witness is
a dakait. This is a reasonable ground for asking the witness whether he is a
dakait.
(b) A pleader is informed by a person in Court that an important witness is a
dakait. The informant, on being questioned by the pleader, gives satisfactory
reasons for his statement. This is a reasonable ground for asking the witness
whether he is a dakait.
(c) A witness, of whom nothing whatever is known, is asked at random whether
he is a dakait. There are here no reasonable grounds for the question.
(d) A witness, of whom nothing whatever is known, being questioned as to his
mode of life and means of living, gives unsatisfactory answers. This may be a
reasonable ground for asking him if he is a dakait.
If the Court is of opinion that any such question was asked without reasonable
grounds, it may, if it was asked by any barrister, pleader, vakil or attorney,
report the circumstances of the case to the High Court or other authority to
which such barrister, pleader, vakil or attorney is the subject in the exercise of
his profession.
The Court may forbid any questions or inquiries which it regards as indecent or
scandalous, although such questions or inquiries may have some bearing on the
questions before the Court, unless they relate to facts in issue, or to matters
necessary to be known in order to determine whether or not the facts in issue
existed.
The Court shall forbid any question which appears to it to be intended to insult
or annoy, or which, though proper in itself, appears to the Court needlessly
offensive in form.
364. We are satisfied that the aforesaid questions were put to those witnesses not for
impeaching the credit of such witnesses under Section 155 of the Indian Evidence Act.
Those questions were indecent and scandalous questions which were not expected from
a lawyer who is supposed to be an officer of the Court who has to assist the Court to
trace out the truth.
365. In the interest of justice, we are constrained to bring the aforesaid aspects to the
notice of the Bar Council of Kerala and the Bar Council of India, under Section 150 of
the Indian Evidence Act, 1872.
366. In Kusuma Ankama Rao v. State off A.P. MANU/SC/7786/2008 : (2008)13 S.C.C.
257 it was held:
The conditions precedent in the words of this Court, before conviction could be
based on circumstantial evidence, must be fully established. They are:

(1) the circumstances from which the conclusion of guilt is to be drawn
should be fully established. The circumstances concerned 'must' or
'should' and not 'may be' established;
(2) the facts so established should be consistent only with the
hypothesis of the guilt of the accused, that is to say, they should not be
explainable on any other hypothesis except that the accused is guilty;
(3) The circumstances should be of conclusive nature and tendency;
(4) They should exclude every other hypothesis except the one to be
proved; and
(5) There must be a chain of evidence so complete as not to leave any
reasonable ground for the conclusion consistent with the innocence of
the accused and must show that in all human probability the act must
have been done by the accused.
367. These very same principles were enunciated in Paragraph 153 of the decision in
Sharad Birdhichand Sarda v. State of Maharashtra MANU/SC/0111/1984 : 1984 S.C.C.
(Cri.) 487 = A.I.R. 1984 S.C. 1622.
3 6 8 . In the decision in Vithal Tukaram More and others v. State of Maharashtra
MANU/SC/0602/2002 : (2002)7 S.C.C. 20, it has been held as follows:
The essential ingredients to prove the guilt of an accused by circumstantial
evidence are:
(a) the circumstances from which the conclusion is drawn should be
fully proved;
(b) the circumstances should be conclusive in nature;
(c) all the facts so established should be consistent only with the
hypothesis of guilt and inconsistent with innocence;
(d) the circumstances should to a moral certainty, exclude the
possibility of guilt of any person other than the accused.
369. It is trite law that in a case based on circumstantial evidence, in order to prove
the guilt of the accused, all such incriminating facts and circumstances should be
incompatible with the innocence of the accused or the guilt of any other person. It is
also the cardinal principle that suspicion however strong it be, will not take the place of
proof.
370. In Aftab Ahmad Anasari v. State of Uttaranchal(13), it was held in Paragraph 57:
The cumulative effect of the above-mentioned facts taken together is conclusive
in establishing the guilt of the appellant. The chain of circumstantial evidence is
complete and does not leave any reasonable ground for conclusion consistent
with the innocence of the appellant. The chain of circumstances is such as to
show that within all human probability the rape and murder of the deceased
were committed by the appellant and none else and he had also caused
disappearance of evidence of those offences.

3 7 1 . It seems that all the incriminating circumstances appeared in the prosecution
evidence as against the accused were put to the accused, by the court below when
examined under Section 313 of the Code of Criminal Procedure. However, to all such
questions, the accused gave the answer as "incorrect". Apart from giving that answer as
"incorrect", the accused has not cared to give any explanation at all.
372. In Neel Kumar v. State of Haryana MANU/SC/0416/2012 : (2012) 5 S.C.C. 766 it
was observed:
it is the duty of the accused to explain the incriminating circumstance proved
against him while making a statement under Section 313 Cr.P.C. Keeping silent
and not furnishing any explanation for such circumstance is an additional link in
the chain of circumstances to sustain the charges against him. Recovery of
incriminating material at his disclosure statement duly proved is a very positive
circumstance against him.
373. In Ravirala Laxmaiah v. State of Andhra Pradesh MANU/SC/0565/2013 : (2013)9
S.C.C. 283, the Apex Court, by following the decision in State of Tamil Nadu v.
Rajendran MANU/SC/0606/1999 : (1999) 8 S.C.C. 679, it was held:
When an incriminating circumstance is put to the accused and the said accused
either offers no explanation for the same, or offers an explanation which is
found to be untrue, then the same becomes an additional link in the chain of
circumstances to make it complete.
374. In Rumi Bora Dutta v. State of Assam MANU/SC/0593/2013 : (2013)7 S.C.C. 417,
by relying on the decision in State of Maharashtra v. Suresh MANU/SC/0765/1999 :
(2000) 1 S.C.C. 471, it was held:
A false answer offered by the accused when his attention is drawn to the
circumstances, it renders the circumstances to be of inculpating nature. In such
a situation a false answer can also be counted as providing 'a missing link'.
375. In Aftab Ahmad Anasari v. State of Uttaranchal MANU/SC/0036/2010 : (2010) 2
S.C.C. 583 it was held:
While recording the statement of the appellant under Section 313 of the Code,
it was put to him by the learned Judge that during the course of investigation
his bloodstained underwear was seized by the Police and his explanation was
sought. In answer to the said question, it was never claimed by the appellant
that the underwear seized was not bloodstained and that another underwear
was substituted in place of his underwear which was seized. Thus, this Court
finds that the High Court was not justified at all in ignoring the circumstance
sought to be relied upon by the prosecution that bloodstained underwear of the
appellant was recovered during the course of investigation.
376. In Vasa Chandrasekhar Rao v. Ponna Satyanarayana MANU/SC/0394/2000 : 2000
S.C.C. (Cri.) 1104 and Geetha v. State of Karnataka MANU/SC/0053/2000 : 2000 S.C.C.
(Cri.) 1208 while explaining the law relating to circumstantial evidence has ruled that
where circumstances proved are put to the accused through his examination under
Section 313 of the Code and the accused merely denies the same, then such denial
would be an additional link in the chain of circumstances to bring home the charge
against the accused.

377. In Ganesh Lal v. State of Rajasthan MANU/SC/0694/2001 : (2002)1 S.C.C. 731, it
In State of Maharashtra v. Suresh [MANU/SC/0765/1999 : (2000) 1 S.C.C. 471]
a female child of tender years was raped and murdered. Case against the
accused rested on circumstantial evidence. The accused when arrested was
found to have injuries on his person and blood and semen on the underclothes.
There were several other incriminating circumstances pointing to the guilt of
the accused and this one, mentioned just before, termed by this Court in its
judgment as 'most formidable incriminating circumstance' was put to the
accused but he could not give any explanation what's over and instead chose to
deny the existence thereof. This Court held that a false answer offered by the
accused on his attention being drawn to such circumstance renders the
circumstance capable of inculpating him. The Court went on to say that in a
situation like this such a false answer can also be counted as providing 'a
missing link' for completing the chain of circumstantial evidence.
378. From the decisions of the Apex Court noted above, it is trite that the absence of
any explanation by the accused, to the questions on such incriminating circumstances
appeared in the prosecution evidence as against the accused, which were specifically
put to the accused when examined under Section 313 of the Code of Criminal
Procedure, clearly fill up any 'missing link' or act as 'additional links' in the chain of
circumstances.
379. The learned counsel for the accused has relied on the following decisions of the
Hon'ble Supreme Court:
1. Thammu Rao & anr. v. State of AJP. MANU/SC/0420/2013 : 2013 (5, 6 & 7)
SBR 314.
2. Sudhakar v. State of Maharashtra MANU/SC/0835/2012 : 2013 (1 & 2) SBR
150.
3. Rampal v. State of UP MANU/SC/0589/2012 : 2013(1) Crimes 407.
4. Gudu Ram v. State of HP MANU/SC/1052/2012 : 2013(1) Crimes 364.
5. Ankush S. Gaiwad v. State of Maharashtra 2013(2) BCR (Cri.) 830.
6. Rishipal v. State of Uttarakhand MANU/SC/0081/2013 : 2013(1) Crimes 162.
7. Sangeet & anr. v. State of Haryana MANU/SC/0989/2012 : 2013(1) Cri. 25.
8 . Mohinder Singh v. State of Punjab MANU/SC/0069/2013 : 2013(1) Crimes
184,
9 . Sankar Khade v. State of Maharashtra MANU/SC/0476/2013 : 2013(3) BCR
(Cri.) 72.
10. Baliya @ Balkishan v. State of MP 2013 (1 & 2) SBR 138, and
11. Sunil Kundu & anr. v. State of Jharkhand MANU/SC/0340/2013 : 2013(2)
Crimes 220 S.C.
3 8 0 . The learned counsel for the accused has relied on the following decisions of

various High Courts, such as,
1. Ishwar P. Masram v. State of Maharashtra 2013(3) BCR (Cri.) 619.
2. Rabi Majhi v. State of Orissa 2013(1) Acquittal 5
3. Anton L.P. Fernandez v. State of Maharashtra 2013(1) Acquittal 262.
4. Ravikumar @ Sonu & anr. v. State of Delhi 2013(2) Acquittal 244.
5 . Vinod V. Mahadik v. State of Maharashtra MANU/MH/2050/2012 : 2013(2)
BCR (Cri.) 447.
6 . Waman Laxman Mirka v. State of Maharashtra MANU/MH/2606/2012 :
2013(2) BCR (Cri.) 478.
7 . Rahul H. Kamble v. State of Maharashtra MANU/MH/2666/2012 : 2013(1)
Crimes 516.
8. Alka G. Dhanawade v. State of Maharashtra MANU/MH/1043/2013 : 2013(4)
ABR 121.
9. Sukuria Naik v. State of Orissa MANU/OR/0339/2012 : 2013(2) Crimes 161.
1 0 . Namdeo Bapurao Gund v. State of Maharashtra MANU/MH/0636/2013 :
2013(2) BCR (Cri.) 655.
1 1 . Champak Balu Patel v. State of Maharashtra MANU/MH/0105/2013 :
2013(2) BCR (Cri.) 391.
12. Sudheer Babu v. State of Kerala MANU/KE/0313/2013 : 2013 (2) Acquittal
231.
13. State of Bihar v. Nagendra Rai & anr. 2013(1) Acquittal 652.
14. State of Maharashtra & anr. v. Prakash, V.S. & anr. MANU/MH/0083/2013 :
2013(2) BCR (Cri.) 396.
1 5 . State of Bihar v. Chandra Bhushan Singh & ors. MANU/BH/0504/2013 :
2013(1) Acquittal 285.
1 6 . Jai Kumar v. State of Chhattisgarh MANU/CG/0004/2013 : 2013(1)
Acquittal 400.
17. Tati Mala v. State of MP 2013(1) Acquittal 434.
18. Janmajaya Bhoi v. State of Orissa 2013(1) Acquittal 40.
19. Munna Rai v. State of Jharkhand MANU/JH/0409/2012 : 2013(1) Acquittal
63.
20. Babuji Yedla v. State of Maharashtra MANU/MH/2296/2012 : 2013(2) BCR
(Cri.) 157.
21. Mahanand Naik v. State of Goa MANU/MH/1346/2013 : 2013(3) BCR (Cri.)
337.

22. Kalu Shekhawat v. State of Maharashtra MANU/MH/0562/2012 : 2013(1)
BCR (Cri.) 227.
23. Faqira & ors. v. State of UP MANU/UP/2023/2012 : 2013(1) Acquittal 696.
24. Chendyala Suresh v. State of AP MANU/AP/0402/2012 : 2013(1) Crimes 42.
25. Shri Bhagatram v. State of MP MANU/CG/0138/2013 : 2013(2) Crimes 710.
2 6 . Kumar @ Thampi etc. v. State of TN MANU/TN/0225/2012 : 2013(2)
Crimes 339.
2 7 . Champak Patel v. State of Maharashtra MANU/MH/0105/2013 : 2013(1)
Crimes 499.
28. Ashok Kumar v. State of HP 2013(1) Crimes 446.
29. Bamiya @ Sayan v. State of Orissa 2013(1) Acquittal 271.
3 0 . Ishwarbhai Makwana v. State of Maharashtra MANU/MH/2294/2012 :
2013(1) BCR (Cri.) 10, and
31. Jiten Bhumaji v. State of Assam 2013(1) Acquittal 671.
381. Thammu Rao & anr. v. State of A.P. (supra) is a case wherein the deceased was
beaten with a stick on the abdomen portion of the deceased by which mesentery vessels
became raptured and there occurred infiltration of blood into the abdominal cavity by
which the deceased died. In that case the conviction of the accused under Section 304,
Part I, IPC was converted to conviction under Section 304, Part II, IPC. The facts have
no similarity to the facts in this case.
382. Sudhakar v. State of Maharashtra (supra) is a case in which the murder was
committed in a sudden heat of passion due to provocation from the part of the deceased
and the crime was not due to any premeditated action. The sentence was converted
from S. 302 IPC to 304, Part I, IPC.
383. Rampal v. State of UP (supra) is a case wherein there was no intention on the part
of the accused to cause the death of the accused. The conviction under Section 302 IPC
was altered to one under Section 304, Part I, IPC.
384. In Gudu Ram v. State of HP (supra), it was found that there was no intention on
the part of the accused to cause the death of the deceased and thereby conviction was
altered from 302 IPC to S. 304, Part II, IPC. Ankush S. Gaiwad v. State of Maharashtra
(supra) is also a case relating to an incident which took place on sudden fight without
premeditation and therefore, the conviction was altered from S. 302 IPC to S. 304, Part
II, IPC.
385. Rishipal v. State of Uttarakhand (supra) is a case in which there was absence of
corpus delicti and there was no cogent and satisfactory proof of the victim having met
with a homicidal death. It was held therein that in such cases based on circumstantial
evidence, the motive assumes importance.
386. Sangeet & anr. v. State of Haryana (supra) is a decision to which we have already
adverted our attention. It was held therein that on account of the legislative changes,
presently life sentence is the rule and death sentence is an exception and that death

sentence has to be awarded only in 'rarest of rare cases'.
387. Mohinder Singh v. State of Punjab (supra) is a decision to which we have already
adverted our attention, wherein it was held that in death sentence reference, the High
Court has to come to its own independent conclusion as to the guilt or innocence of the
accused independently of the opinion of the trial judge. It was also held therein that
every murder is brutal; but the difference between one from the other may be on
account of mitigating or aggravating features surrounding the murder. We have already
dealt with in detail the decision in Sankar Khade v. State of Maharashtra (supra).
Regarding the decisions in Baliya @ Balkishan v. State of MP (supra) and Sunil Kundu &
anr. v. State of Jharkhand (supra), we are satisfied that those decisions have no
application to the facts and circumstances of this case.
388. We have gone through the other decisions of various High Courts noted above,
which are cited by the learned counsel for the accused. We are satisfied that matters in
most of those decisions are covered by the decisions of the Apex Court which we have
already dealt with and the other decisions are not of any help to resolve any of the
matters in controversy in this case.
3 8 9 . From all the discussions made above, we are satisfied that all the essential
ingredients to prove the guilt of the accused by circumstantial evidence are seen proved
in this case. All the circumstances from which the conclusion is drawn are fully and
cogently established. The circumstances proved are conclusive in nature. All the facts so
established are consistent only with the hypothesis of the guilt and inconsistent with the
innocence of the accused. In short, all the proved circumstances are incompatible with
the innocence of the accused. The circumstances, to a moral certainty, exclude the
possibility of guilt of any person other than the accused.
390. The cumulative effect of the above-mentioned facts taken together is conclusive in
establishing the guilt of the accused. The chain of circumstantial evidence is complete
and does not leave any reasonable ground for conclusion consistent with the innocence
of the accused. The chain of circumstances is such as to show that within all human
probability the rape and murder of the deceased as well as robbery were committed by
the accused and none else.
391. From all the aforesaid circumstances, it stands proved that when the passenger
train moved from Vallathol Nagar Railway Station, towards Shornur, the accused gained
entry into the ladies' compartment of the train. He pounced upon the deceased, who
was the only passenger in that compartment. Cries of the deceased were heard from the
ladies compartment. Evidently, there was strong resistance from the part of the
deceased in order to escape from the clutches of the accused. Some of the buttons of
M.O. 6 shirt worn by the accused got detached in the scuffle. There occurred several
nail marks on the body of the accused M.O. 30 button of M.O. 6 shirt worn by the
deceased got detached and broken into three pieces, which were later recovered from
the said ladies compartment, from the floor near the door. Evidently, the accused over
powered the deceased and inflicted fatal injuries on her by forcibly hitting her head
repeatedly on the wall of the compartment and made her non responsive and almost
unconscious.
392. It has to be noted that after dropping down the deceased at the right side, from
the running train which was moving in a slow pace, the accused came to the left front
door of that ladies compartment and on getting down to the lower door step, by holding
on the side bar of the compartment near the door by his right hand, he took position by

leaning forward and jumped out. He landed safely and was seen walking back towards
the direction from where the train came. Evidently, he was going towards the deceased.
393. After quite some time, the accused was seen coming to the nearby road at the
Kalamandalam bus stop from the railway track, evidently from the place where he had
subjected the deceased to rape and robbery. Blood of the deceased was there on M.O. 6
shirt. The accused was seen panting. He became perplexed on hearing from a person
that a girl had fallen down from the train and a Tamilian had jumped out of the train.
On hearing it, he moved away and escaped from there.
394. Without much delay, the girl was seen lying in almost naked state near to the
railway track. Evidently, she was subjected to severe sexual assault and rape. The nail
clippings of the deceased were found containing the blood and tissues of the accused.
The vaginal swab and smear of the deceased and M.O. 1 cream shirt of the deceased
found on her body in a lifted and rolled up position, contained human semen and
spermatozoa of the accused. M.O. 5 lungi worn by the accused at that time also
contained his semen and spermatozoa.
395. It is evident that little before the incident of rape the accused was seen near the
place of occurrence. A little after the rape, the accused was seen in the near vicinity of
the place of occurrence and was seen panting.
396. Injury No. 6 found on the body of the deceased as noted by P.W. 64 in Ext. P-69
include five nail marks. According to P.W. 64, injury No. 1 in Ext P-69 was caused by
hitting the left forehead of the deceased with force repeatedly in quick succession on a
flat hard surface which could be the wall inside the train, by holding her hair from
behind. The explanations offered by P.W. 64 regarding each and every injury found on
the body of the deceased, are acceptable. According to P.W. 64, injury Nos. 1, 6, 7 and
16 noted in Ext P-69 could only be caused by the assailant with his right hand only. No
injury was traced out on the body of the victim which was caused by using both the
hands or the left hand of the assailant; whereas, the injuries were caused by the right
hand only.
397. According to P.W. 47, who examined the accused and issued Ext. P-42 report, the
accused has normal muscle power to both his upper limbs and lower limbs. Even
though he had amputated forearm, which was amputated 16 cm. below the elbow, that
limb is also having Grade V power. He can lift the hands against the pulled resistance.
According to P.W. 47, injury Nos. 1 to 18 seen on the accused were consistent with nail
marks. Injury No. 19 found on the right leg below the knee, injury No. 20 found on the
upper part of the back of right elbow and injury No. 21 on the lateral malleolus of left
foot of the accused were due to blunt impact. It has to be noted that the deceased was
subjected to rape by placing her on aggregates as well as on the hard uneven ground.
398. The nail clippings of the deceased contained human blood and epithelial tissues of
the accused. From that itself it stands proved that there had occurred a scuffle inside
the compartment of the train prior to her dropping out of the train, and the rape. M.O.
30 button which became broken into three pieces and the thread found in one of such
pieces were proved to be got detached from M.O. 6 shirt worn by the accused. The
same were seized from the said ladies compartment, along with the broken parts of the
hair clip and some other materials of the deceased The same were seized at 4 a.m. on
2-2-2011. The blood of the deceased was found on M.O. 6 shirt worn by the accused.
The vaginal swab and smear of the deceased contained the sperm and spermatozoa of
the accused. Even M.O. 1 cream shirt which was seen lifted and rolled up on the body

of the deceased also contained the sperm of the accused.
399. Over and above all these, by about 8 to 8.30 a.m. on 2-2-2011 the accused was
found in possession of M.O. 14 mobile phone of the deceased and he sold the same to
P.W. 7. Subsequently, the same was seized by the police from P.W. 10 to whom P.W. 7
had sold it.
400. It stands proved that it was the accused and none else, who caused the fatal
injuries on the deceased, and raped her thereby she suffered a homicidal death. It is
evident that the accused had caused the death of the deceased with the intention to
cause her death. Further all the said injuries intentionally caused by the accused on the
body of the deceased were necessarily fatal and also sufficient in the ordinary course of
nature to cause death. It stands proved that the accused has committed the offences
punishable under Sections 302, 376, 394 r/w 397 and 447 of the Indian Penal Code.
There is absolutely nothing to interfere with the conviction passed by the court below.
401. The learned Special Public Prosecutor has canvassed for the maximum sentence in
this case by pointing out that this is a case which comes within the category of the
"rarest of rare cases", as categorised by the Hon'ble Supreme Court of India, in Bachan
Singh v. State of Punjab MANU/SC/0055/1982 : (1980)2 S.C.C. 684 and Machhi Singh
v. State of Punjab MANU/SC/0211/1983 : (1983)3 S.C.C. 470, and also through various
subsequent judicial pronouncements.
402. The learned counsel for the accused has canvassed for the lesser alternative for
the offence u/s. 302 I.P.C. in this case by arguing that there was no premeditated
attempt on the part of the accused to do away with her, and the incident had occurred
in the spur of a moment. The learned counsel for the accused has strenuously
contended that this case cannot be brought within the purview of the 'rarest of rare
cases' and special reasons do not exist for imposing death penalty on the accused
within the meaning of Sec. 354(3) Cr.P.C.
403. We do not agree with the argument of the learned counsel for the accused that the
incident had occurred in the spur of a moment. There was no provocation at all from the
part of the deceased. Any straightjacket formula cannot be evolved to find out as to
what are the cases that can be brought within the category of rarest of rare cases, and it
depends upon the facts and circumstances of each case.
404. In Shyam Narain v. State (NCT) of Delhi MANU/SC/0543/2013 : (2013)7 S.C.C.
77 it was held:
Primarily it is to be borne in mind that sentencing for any offence has a social
goal. Sentence is to be imposed regard being had to the nature of the offence
and the manner in which the offence has been committed. The fundamental
purpose of imposition of sentence is based on the principle that the accused
must realise that the crime committed by him has not only created a dent in his
life but also a concavity in the social fabric. The purpose of just punishment is
designed so that the individuals in the society which ultimately constitute the
collective do not suffer time and again for such crimes. It serves as a deterrent.
True it is, on certain occasions, opportunities may be granted to the convict for
reforming himself but it is equally true that the principle of proportionality
between an offence committed and the penalty imposed are to be kept in view.
While carrying out this complex exercise, it is obligatory on the part of the
court to see the impact of the offence on the society as a whole and its
ramifications on the immediate collective as well as its repercussions on the

victim.
405. In State of Karnataka v. Krishnappa MANU/SC/0210/2000 : (2000)4 S.C.C. 75 a
Three Judges Bench of the Apex Court held:
Protection of society and deterring the criminal is the avowed object of law and
that is required to be achieved by imposing an appropriate sentence. The
sentencing courts are expected to consider all relevant facts and circumstances
bearing on the question of sentence and proceed to impose a sentence
commensurate with the gravity of the offence. Courts must hear the loud cry for
justice by the society in cases of the heinous crime of rape on innocent helpless
girls of tender years, as in this case, and respond by imposition of proper
sentence. Public abhorrence of the crime needs reflection through imposition of
appropriate sentence by the court. To show mercy in the case of such a heinous
crime would be a travesty of justice and the plea for leniency is wholly
misplaced. The courts are expected to properly operate the sentencing system
and to impose such sentence for a proved offence, which may serve as a
deterrent for the commission of like offences by others. Sexual violence apart
from being a dehumanizing act is an unlawful intrusion of the right to privacy
and sanctity of a female. It is a serious blow to her supreme honour and
offends her self-esteem and dignity--it degrades and humiliates the victim and
where the victim is a helpless innocent child, it leaves behind a traumatic
experience. The courts are, therefore, expected to deal with cases of sexual
crime against women with utmost sensitivity. Such cases need to be dealt with
sternly and severely. A socially sensitized Judge is a better statutory armour in
cases of crime against women than long clauses of penal provisions, containing
complex exceptions and provisos.
406. In B.A. Umesh v. State of Karnataka MANU/SC/0082/2011 : (2011)3 S.C.C. 85, it
was held:
The antecedents of the appellant and his subsequent conduct indicates that he
is a menace to the society and is incapable of rehabilitation. The offences
committed by the appellant were neither under duress nor on provocation and
an innocent life was snuffed out by him after committing violent rape on the
victim. He did not feel any remorse in regard to his actions, in as much as,
within two days of the incident he was caught by the local public while
committing an offence of a similar type in the house of one Seeba.
407. P.W. 83 is working as Sub Inspector, Fingerprint Bureau, Chennai 28, Tamil Nadu.
On 17-2-2011 she received a requisition from the Fingerprint Bureau of
Thiruvananthapuram asking to trace out any previous conviction to the accused. The
requisition was attached with the fingerprints of the accused. She compared the
fingerprint of the accused with the fingerprints kept in their bureau records and issued
Exts. P-93, 93(a) and 93(b) conviction particulars of the accused. Ext. P-93(b) is in her
handwriting and she carried over it from the records, which bears her signature and
office seal. The same were forwarded through the Head of Department, through proper
channel. It contains the seal and signature of the head of the department also. She
produced Ext. P-93(c) copy of the original, which contains her signature and the
signature and seal of the head of the department, which is conversant to her. Exts. P-
93(b) and 93(c) contain the particulars of conviction of the accused. Altogether eight
convictions are recorded in Ext. P-93(b) and (c), which reveal the following details:

(1) He is the accused in Crime No. 342/07 of Railway Police, Salem u/s. 379
IPC, JFCM III Salem. Date of conviction: 22-4-2008. Sentence: Imprisonment
for Six months. He had undergone the sentence.
(2) He is the accused in Crime No. 49/05 of Pazhani Railway Police, C.C. No.
179 of 2005 of the JFCM Pazhani in Dindigul District. Date of conviction: 15-
12-2005. Sentence: Imprisonment for eight months u/s. 379 IPC. He had
undergone the sentence. Ext. P-104 is the document relating to the same.
(3) Name of convict is Krishnan @ Raja in Case No. 380/03 of Mailam Police
Station u/ss. 457 and 511 of IPC, CC No. 223/03, J.F.C.M. II of Tindivanam,
Vizhupuram District. Date of conviction: 13-12-2004. Sentence: RI for three
months. She compared the fingerprint of the accused received from F.P.B. of
Thiruvananthapuram and compared with the fingerprint available on record in
the above said case records and found that the convict is the same
Govindaswamy, who is the accused in this case.
(4) This accused is the accused in C.C. No. 301/03 u/s. 379 of IPC of the
JFCMC II, Erode. Case No. 100/2003 of Erode Railway Police. Date of
conviction: 11-9-2006. Period is RI for 7 months (undergone). Ext. P-105 is the
document relating to the same.
(5) He is the accused in Crime No. 97/08 of Railway Police Erode, C.C. 338/08
of J.F.C.M.C. II, Erode, u/s. 379 IPC. Date of conviction: 21-8-2008. Sentence:
RI for 8 months. Ext. P-107 is the attested copy of the proceedings of the
J.F.C.M. II, Erode in that case.
(6) Ext. P-108 contain the copy of the F.I.R. against this accused, in Crime No.
910/07 of Selaiyur Police u/s. 380 IPC, C.C. 599/07 J.F.C.M. Tambaram. In that
case, the accused gave a false name and address as Ramesh @ Raja, S/o.
Punnuswamy @ Arumughan, Chengalpattu Dist. St. Thomas Mont. Chengalpattu
East. Date of conviction 21-9-2007. Sentence: RI for five months.
50/07 of Thiruvallur Town Police Station u/s. 379 IPC, in C.C. No. 49/07 of
J.F.C.M. Thiruvallur. In that case, the accused gave a false name as Ramesh @
Raja. Date of conviction: 16-4-2007. Sentence: R.I. for three months.
6/05 of Kammapuram Police Station, in C.C. 10/05 of J.F.C.M. Kadaloor. In that
case, the accused gave a false name as Ramesh @ Raja. Date of conviction: 11-
3-2005. Sentence: RI for 45 days u/ss. 457 and 511 of IPC.
408. During the hearing of these matters, the learned Special Public Prosecutor has
produced the attested copy of the judgment dated 26-4-2012 passed by the 1st
Additional Assistant Sessions Court I, Salem in Sessions Case No. 176/2010, as against
the present accused, for the offences under Sections 392 read with 397 IPC, in Tamil,
along with its English translation. The said case relates to an incident, in which the
accused attacked the victim in that case with a sharp iron road and committed robbery
by snatching away his purse containing an amount of ' 600 at 9.15 p.m. on 20-1-2009,
at platform No. 1 of the Salem Railway Station. The accused ran through the track in
between platform numbers 1 and 2. When the victim made a hue and cry, 6-7 people
tried to catch the accused. But by wielding the weapon, the accused threatened them
with death, and finally the policemen who were there along with some members of the

public, caught the accused red handed. The accused stands convicted under Section 392
read with 397 IPC and sentenced to undergo rigorous imprisonment for 7 years and to
pay a fine of ' 5000, in default, to undergo rigorous imprisonment for three more
months.
4 0 9 . We recall the submissions made by the learned Special Public Prosecutor
regarding the conduct of the accused in the Jail, wherein he has been undergoing
detention in custody at present. He submitted that the jail authorities are finding it
difficult to manage the accused on account of the homosexual attitude of the accused. It
is also submitted that he is quarrelsome and often exhibits violent behaviour and used
to destroy the properties of the jail and also used to attack other prisoners and even the
officials in the jail. It is not possible even to handcuff him as his left palm is amputated.
According to the learned Special Public Prosecutor, the accused is a habitual offender
who is a bloodthirsty, hardened criminal, beyond any redemption, correction or
rehabilitation.
410. The learned Special Public Prosecutor produced the attested copy of the judgment
dated 25-2-2013 passed by the Judicial First Class Magistrate's Court I, Kannur, in C.C.
176/2012, in which the present accused is the accused. The allegations against the
accused in that case were that he abused C.W. 3 and C.W. 5 who were the officials on
duty at the 10th block of the Central Jail, Kannur, in filthy language, and prevented
them from discharging their official duties by pouring excreta on their body, and also
destroyed an observation camera installed in the cell by throwing excreta on it, thereby
causing a wrongful loss of ' 30,000 to the Government. In that case, the accused
pleaded guilty, thereby he stands convicted under Sections 353, 294(b) of IPC and
Section 3(1) of the Prevention of Damage to Public Property Act, 1984 and sentenced to
undergo Simple Imprisonment for 10 months under Section 353 of IPC, Simple
Imprisonment for 10 months and to pay a fine of ' 1000, in default, to undergo Simple
Imprisonment for one more month, under Section 3(1) of the PDPP Act, and Simple
Imprisonment for three months under Section 294(b) IPC.
411. In State of M.P. v. Babulal MANU/SC/0001/2008 : (2008) 1 S.C.C. 234, it was
held:
Sentencing is thus a delicate task which requires skill, talent and consideration
of several factors, such as, the nature of offence, circumstances-extenuating or
aggravating-in which it was committed, prior criminal record of the offender, if
any, age and background of the criminal with reference to education, home life,
social adjustment, emotional and mental condition, prospects of his reformation
and rehabilitation, etc. All these and similar other considerations can, hopefully
and legitimately, tilt the scale on the propriety of sentence.
Moreover, social impact of the crime, particularly where it relates to offences
against women, cannot be lost sight of and per se requires exemplary
treatment. The courts are, therefore, expected to try and decide cases of sexual
crime against women with utmost sensitivity. Such cases need to be dealt with
sternly and severely. Once a person is convicted for an offence of rape, he
should be treated with a heavy hand.
412. In Bachan Singh v. State of Punjab MANU/SC/0055/1982 : (1980) 2 S.C.C. 684
the constitutional validity of the death sentence and also the sentencing procedure
embodied in sub-section (3) of Section 354 Cr.P.C. were examined by the Apex Court,
and it was held in paragraph 164(b) as follows:

While considering the question of sentence to be imposed for the offence of
murder under Section 302, Penal Code, the Court must have regard to every
relevant circumstance relating to the crime as well as the criminal. If the court
finds, but not otherwise, that the offence is of an exceptionally depraved and
heinous character and constitutes, on account of its design and the manner of
its execution, a source of grave danger to the society at large, the court may
impose the death sentence.
It was further held that, it cannot be said that death penalty violates the basic structure
of the Constitution.
413. In Ramdeo Chouhan v. State of Assam MANU/SC/0297/2001 : (2001) 5 S.C.C.
714, it was held:
Apart from the two schools of thought putting forward their respective points of
view stridently-one pleading for retention of death penalty and the other for
abolition of it-a serious question arose whether the law enabling the State to
take away the life of a person by way of punishment would be hit by the forbid
contained in Article 21 of the Constitution. In Bachan Singh v. State of Punjab
the majority Judges of the Constitution Bench saved the death penalty from
being chopped out of the statute book by ordering that death penalty should be
strictly restrict to the tiniest category of the rarest of the rare cases in which the
lesser alternative is unquestionably foreclosed.
414. In Machhi Singh v. State of Punjab MANU/SC/0211/1983 : (1983) 3 S.C.C. 470, it
was held that where there was no provocation from the part of the victim for murder, or
the murder was committed in an extremely brutal grotesque, diabolical, revolting or
dastardly manner which aroused intense and extreme indignation of the community, the
case can be brought within the purview of the rarest of rare cases. It was further held
that the motivation of the perpetrator, the vulnerability of the victim, the enormity of
the crime, the execution thereof are factors which normally weigh with the court in
awarding the death sentence terming it as the 'rarest of rare cases'.
415. In Dhananjoy Chatterjee v. State of West Bengal MANU/SC/0626/1994 : (1994) 2
S.C.C. 220, the Apex Court has considered a case of rape and murder of a young girl of
18 years and held that a real and abiding concern for the dignity of human life is
required to be kept in mind by the courts while considering the confirmation of the
sentence of death; but a cold-blooded and pre-planned murder without any
provocation, after committing rape on an innocent and defenceless young girl of 18
years exists in the rarest of rare cases which calls for no punishment other than capital
punishment. In paragraphs 14 and 15 of the judgment, it was held as follows:
1 4 . In recent years, the rising crime rate-particularly violent crime against
women has made the criminal sentencing by the courts a subject of concern.
Today there are admitted disparities. Some criminals get very harsh sentences
while many receive grossly different sentence for an essentially equivalent
crime and a shockingly large number even go unpunished, thereby encouraging
the criminal and in the ultimate making justice suffer by weakening the
system's credibility. Of course, it is not possible to lay down any cut and dry
formula relating to imposition of sentence but the object of sentencing should
be to see that the crime does not go unpunished and the victim of crime as also
the society has the satisfaction that justice has been done to it. In imposing
sentences, in the absence of specific legislation, Judges must consider variety

of factors and after considering all those factors and taking an overall view of
the situation, impose sentence which they consider to be an appropriate one.
Aggravating factors cannot be ignored and similarly mitigating circumstances
have also to be taken into consideration.
15. In our opinion, the measure of punishment in a given case must depend
upon the atrocity of the crime; the conduct of the criminal and the defenceless
and unprotected state of the victim. Imposition of appropriate punishment is
the manner in which the courts respond to the society's cry for justice against
the criminals. Justice demands that courts should impose punishment befitting
of the crime so that the courts reflect public abhorrence of the crime. The
courts must not only keep in view the rights of the criminal but also the rights
of the victim of crime and the society at large while considering imposition of
appropriate punishment.
416. In Laxman Naik v. State of Orissa MANU/SC/0264/1995 : (1994) 3 S.C.C. 381, the
Apex Court has followed the view in Dhananjoy Chatterjee's case (supra), and
confirmed the death sentence of the accused for the offence of rape followed by murder
of a seven year old girl by her own uncle. The view taken was that the accused seems
to have acted in a beastly manner in the sense that, after satisfying his lust, he thought
that the victim might expose him for the commission of offence on her to her family
members, and the accused with a view to screening the evidence of the crime put an
end to the life of that innocent girl. It was held that the accused had conceived his plan
diabolically and executed it brutally in such a calculated and cold-blooded manner and
therefore, undoubtedly it falls within the category of 'the rarest of rare cases' attracting
no punishment other than capital punishment.
417. After considering the aforesaid aggravating circumstances in Laxman Naik's case
(supra), the Apex Court considered the absence of any mitigating circumstances also.
The decision was rendered after balancing all the aggravating and mitigating
circumstances thereby considering the crime as well as the criminal. It was also
considered that the victim was a totally helpless child, there being no one to protect her
at the scene of crime and that the accused in that case had preplanned to commit the
crime by resorting to diabolic methods and had taken the girl who had reposed
complete confidence on him being her uncle, to a lonely place to execute his dastardly
act.
418. In Rajendra Pralhadrao Wasnik v. State of Maharashtra MANU/SC/0160/2012 :
(2012) 4 S.C.C. 37, the Apex Court has enunciated the principles to be followed in
weighing the aggravating and mitigating circumstances, while awarding the death
sentence and held as follows:
37. When the Court draws a balance sheet of the aggravating and mitigating
circumstances, for the purposes of determining whether the extreme sentence
of death should be imposed upon the accused or not, the scale of justice only
tilts against the accused as there is nothing but aggravating circumstances
evident from the record of the Court. In fact, one has to really struggle to find
out if there were any mitigating circumstances favouring the accused.
419. In Shankar Kisanrao Khade v. State of Maharashtra MANU/SC/0476/2013 : (2013)
5 S.C.C. 546. the principle arrived at after discussing various decisions of the Apex
Court in the question of death sentence, is that while awarding death sentence, the
"crime test" has to be fully satisfied, i.e., 100% and "criminal test" at 0%, i.e., no

mitigating circumstance favouring the accused. It was held in paragraph 52,
If there is any circumstance favouring the accused, like lack of intention to
commit the crime, possibility of reformation, young age of the accused, not a
menace to the society, no previous track record, etc. the 'criminal test' may
favour the accused to avoid the capital punishment. Even if both the tests are
satisfied, that is, the aggravating circumstances to the fullest extent and no
mitigating circumstances favouring the accused, still we have to apply finally
the rarest of the rare case test (R-R test). R-R rest depends upon the perception
of the society that is 'society-centric' and not 'Judge-centric', that is, whether
the society will approve the awarding of death sentence to certain types of
crimes or not. While applying that test, the court has to look into variety of
factors like society's abhorrence, extreme indignation and antipathy to certain
types of crimes like sexual assault and murder of intellectually challenged
minor girls, suffering from physical disability, old and infirm women with those
disabilities, etc. Examples are only illustrative and not exhaustive. The courts
award death sentence since situation demands so, due to constitutional
compulsion, reflected by the will of the people and not the will of the Judges.
420. In Lehna v. State of Haryana MANU/SC/0075/2002 : (2002) 3 S.C.C. 76, which
was subsequently followed in State of Rajasthan v. Kheraj Ram MANU/SC/0618/2003 :
(2003) 8 S.C.C. 224, after discussing Bachan Singh v. State of Punjab
MANU/SC/0055/1982 : A.I.R. 1980 S.C. 898, Ediga Anamma v. State of A.P.
MANU/SC/0128/1974 : A.I.R. 1974 S.C. 799 and Machhi Singh v. State of Punjab
MANU/SC/0211/1983 : (1983) 3 S.C.C. 470, the Apex Court has categorized the
following circumstances also as circumstances in which the community may entertain
the sentiment of the infliction of capital sentence.
(i) When the murder is committed in an extremely brutal, grotesque, diabolical,
revolting or dastardly manner as to arouse intense and extreme indignation of
the community.
(ii) When the crime is enormous in proportion, for the instance when multiple
murders, say of all or almost all the members of a family or large number of
persons of a particular caste, community, or locality are committed. (iii) When
the victim of murder is an innocent child, or a helpless woman, or old or infirm
person or a person vis-a-vis whom the murder is in a dominating position, or a
public figure generally loved and respected by the community.
421. It has been further held that, if upon taking an overall global view of all the
circumstances in the light of the aforesaid propositions, and taking into account the
answers to the questions posed by way of the tests for determining the 'rarest of rare
cases', the circumstances of the case are such that the death sentence is warranted, the
court would proceed to so do.
422. In B.A. Umesh v. State of Karnataka MANU/SC/0082/2011 : (2011) 3 S.C.C. 85, in
almost a similar case in which a young lady was brutally raped, robbed and murdered,
it was held,
On the question of sentence we are satisfied that the extreme depravity with
which the offences were committed and the merciless matter in which death
was inflicted on the victim, brings it within the category of the rarest of rare
cases which merits the death penalty, as awarded by the trial court and
confirmed by the High Court. None of the mitigating factors as were indicated

by this court in Bachan Singh's case or in Machhi Singh's case are present in
the facts of the instant the case.
423. From the various judicial pronouncements of the Honourable Apex Court on the
subject, it has come out that in the choice of sentence the court has to weigh the
aggravating and mitigating factors available on the facts and circumstances of the
particular case to find out whether special reasons exist to categorize the case as one
among the "rarest of rare cases". At the same time, the recent approach seems to be
that there should not be any mitigating circumstance at all in order to consider a case of
murder as the one in which the lesser alternative is unquestionably foreclosed.
424. The measure of punishment in a particular case must depend upon the atrocity of
the crime, the conduct of the criminal and the defenceless and unprotected state of the
victim, and also the mitigating circumstances, if any, and the nature of such mitigating
circumstances. The manner in which the courts have to respond to the cry of the society
for justice against the criminals should be by the imposition of appropriate sentences.
Justice means and demands timely response from the courts by imposing appropriate
sentence befitting the crime, so that the courts reflect public abhorrence of the crime. In
awarding appropriate sentence, the courts must not only keep in view the rights of the
criminal, but also the rights of the victim and the society at large.
425. The crime against women are on the increase now-a-days. On noticing that the
victim became the lone occupant in the ladies compartment, the accused barged into it,
and pounced upon her as a wild beast. After inflicting fatal injuries on her, she was
dropped from the running train, which resulted in her sustaining further fatal injuries.
The bones on the left side of her face became fractured and fragmented. Her 13 teeth
were lost. Thereafter, the accused jumped out of the train, approached her, and brutally
raped the almost unconscious victim, who was about to die. Blood aspirated into her
airways. When the accused applied pressure on her body, the aspiration became severe
and faster. One of her teeth even went to her stomach in that process.
426. Taking the case of the poor victim in this case it can be seen that there were
nobody to aid her. The accused attacked the victim by making her mute, insensitive and
non-responsive, and dropped her down; thereafter he jumped out of the compartment
and went back to the victim. He took her to a safe place wherein he could satisfy his
lust, and after having raped her and committing robbery of her mobile phone, which
was the only valuable article with her, he decamped, after leaving the victim naked in a
supine position. Rape and murder of the victim in this case was diabolical in conception
and cruel in execution.
427. If the courts fail to respond to such cries of the society to impose death sentence
provided under Section 302 of the IPC, in a case befitting to impose such extreme
penalty after weighing the aggravating circumstances, and in the absence of any
mitigating circumstance, in a most heinous type of barbaric rape and murder committed
on a helpless and defence less girl while she was travelling by a public transport
system, like the Indian Railways, the sentence of death provided under Section 302 IPC
will become a dead letter. Therefore, in such cases death penalty should be imposed
when the lesser alternative is unquestionably foreclosed.
428. It is apt to quote here the following observations of the Supreme Court in Mahesh
v. State of M.P. MANU/SC/0246/1987 : A.I.R. 1987 S.C. 1346.
It will be a mockery of justice to permit these appellants to escape the extreme
penalty of law when faced with such evidence and such cruel acts. To give the

lesser punishment for the appellants would be to render the justicing system of
this country suspect. The common man will lose faith in courts. In such cases,
he understands and appreciates the language of deterrence more than the
reformative jargon.
4 2 9 . We have considered all the aggravating circumstances in this case. All our
searches for any mitigating circumstance, were in vain. The victim had reposed utmost
confidence in the Indian Railways when she opted to travel by the ladies compartment,
to have a safe journey, especially without the interference of the other sex. In such a
case, the Indian Railways have a duty to protect such women. The lack of any security
or safety being provided by the Indian Railways in such ladies compartments, paves
way to any Tom, Dick and Harry to have access to such ladies compartment on their
whims and fancies, so as to disturb, outrage the modesty, ravish, molest or even to rob
the properties and body of such women passengers. It is evident that the aggravating
circumstances in this crime have attained 100% whereas there are no mitigating
circumstances at all.
430. The murder of the girl in these circumstances makes this, a case of extreme
culpability. The manner in which the girl was raped, robbed and murdered, the
approach, and the method adopted by the accused, disclose the traits of outrageous
criminality in the behaviour of the accused and his premeditated action. This approach
of the accused reveals a brutal mindset of the highest order. The accused is proved to
be a dare criminal. His extra-judicial confession to P.W. 47 clearly reveals his
mannerisms and sex perversions. He admits himself a heterosexual and homosexual.
431. The cruel tendency of the accused and his total disregard to human life is writ
large from the manner of attack and the nature of injuries caused on the deceased. His
conduct and behaviour is repulsive to the collective conscience of the society. The fact
that the murder in this case was committed in such a deliberate and diabolic manner,
indicate the cold blooded and premeditated approach of the accused to put to death a
helpless young woman.
432. In this case, the culpability has assumed the proportion of extreme depravity. The
accused is a perfect example of a blood thirsty and hardened criminal. We are satisfied
that to spare such a blood thirsty criminal from the gallows will render the justicing
system suspect. To have recourse to the lesser alternative in sentencing this accused
will be a mockery of justice. This murder is committed in a most cruel, inhuman,
extreme brutal, gruesome, diabolic, revolting and dastardly manner.
433. This incident had sent tremors in the society and shook the collective conscience
of the community. The court is not expected to shut its eyes and close its ears against
such cries of the society for justice. On an overall view of all the circumstances in this
case and on weighing the aggravating circumstances, and especially in the absence of
any mitigating circumstance, we have no hesitation to find that this offence of murder is
one in which the lesser alternative is unquestionably foreclosed This Court would be
failing in its duty, if the maximum punishment prescribed under the law is not imposed
on this accused. It is not to be humane but to be callous to permit him to return to the
society.
434. On an overall view of all the circumstances in this case and on weighing the
aggravating circumstances, and in the absence of any mitigating circumstance, we have
no hesitation to find this case as one among the 'rarest of rare cases' in which the lesser
alternative is unquestionably foreclosed, and special reasons do exist in this case within

the meaning of Section 354(3) Cr.P.C.
435. In the result,
(1) We answer the Death Sentence Reference No. 3 of 2011 and hereby confirm
the sentence of death imposed by the court below on the accused, under
Section 302 of the Indian Penal Code, in exercise of the powers conferred on us
under Section 368 read with Section 366(1) Cr.P.C.
(2) We find that there is absolutely nothing to interfere with the other
sentences also, imposed on the accused, by the court below.
(3) Crl. Appeal No. 149 of 2012 and Crl. M.C. No. 125 of 2012 stand dismissed.
(4) We, hereby, order that a copy of this judgment under the seal of this Court
attested by the concerned official, with signature, shall be sent to the court
below, without delay, as per the mandate of Section 371 Cr.P.C.
4 3 6 . Before parting with this case, we are compelled to make the following
observations:
(1) For noting down and acting upon our observations in paragraphs from 346
to 365 of this judgment, the Registrar General of this Court is directed to
forward copies of this judgment to the Bar Council of Kerala as well as the Bar
Council of India.
(2) We have noticed the unfortunate lethargic lukewarm attitude of the public
towards fellow passengers, especially women, in public transport systems. Had
a helping hand been extended to lift the girl from danger on hearing her cries
for help, the untoward incident could have been averted! Had a middle aged
man, who could not be identified by the police, and some other fellow
passengers, not dissuaded P.W. 4 from stopping the train by pulling the alarm
chain, the poor girl could have been rescued and the accused could have ran
away in search of other fertile avenues for him. It has always to be remembered
that the foremost duty of every member of the public is to extend a helping
hand to the needy, and to hear their cries with an open heart so as to lift them
from danger. It is a pity that the cries of the girl died down in the compartment,
as wild cries.
(3) There should be adequate sensitisation programmes to make the public
aware as to how to rise to the occasions and to act in such cases. Can we
categorise the passengers of the other compartment, who had heard the cries of
the girl and kept silence by leaving it as wild cries, and even dissuaded P.W. 4
who came forward to pull the alarm chain, as responsible citizens of the
country? Here in this case, the inaction from the part of the fellow passengers
in the other compartment, who remained as mute spectators, sounds more than
the brutality staged by the blood thirsty, sex pervert. Such continued silence
will pave way for such criminals to continue such acts according to their whims
and fancies. The attitude of the society must change! No doubt, the departed
sole of the girl will be hovering around their minds leaving a question towards
their inaction to respond, and will haunt them with the incident as a nightmare.
(4) We have also noticed the lukewarm attitude of the Indian Railways towards
the safety and security of the passengers, especially women. The largest public

transport system in the country should provide adequate safety measures to the
women passengers, especially those who travel by the ladies compartment. We
have noticed the submission made by the learned Special Public Prosecutor that
even after this incident and a series of similar such incidents, still the ladies
coaches are being attached at the rear end of the trains.
(5) The ladies coaches should be attached almost at the middle of the trains.
Further, we wish that there should be at least two armed women guards, who
are equipped with sufficient modern communication facilities, employed on duty
at a time, in each such ladies coaches.
(6) The Registrar General of this Court is directed to forward a copy of this
judgment to the Chief Executive Head of the Indian Railways. We expect an
earnest positive attitude from the part of the Indian Railways in the matter.
Let the ordeals undergone by the innocent victim in this case, be an eye-opener to the
public as well as the Indian Railways!
*A reproduction from ILR (Kerala Series)
© Manupatra Information Solutions Pvt. Ltd.

State of Kerala Vs Govindaswamy 17122013 KERHCK131188COM900643

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MANU/KE/1234/2013

Equivalent/Neutral Citation: ILR2014(1)Kerala141

IN THE HIGH COURT OF KERALA

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