Judgment : State is the appellant in Crl.A.No.301 of 2004 and the respondent is the accused. This appeal has been filed challenging the acquittal of the respondent/accused in S.C.No.376 of 1999 on the file of the learned Assistant Sessions Judge, Salem by judgment dated 08.12.2000. The defacto complainant in the said case has come up with Crl.R.C.No.414 of 2001 challenging the said acquittal of the accused. 2. The case of the prosecution in brief is as follows: i) P.W.1 is a resident of Salem. During the year 1997, she was residing at her own house at Azhapuram Kattur in Salem. She had two daughters by name Preethi (the deceased) and Madumitha (P.W.14). The deceased was then aged hardly 16 years and she was studying +2 course in a local school. P.W.14 was doing 10th standard in a different school. P.W.1 was working as a Junior Engineer in Salem Municipal Corporation. The accused is a registered contractor in the said Municipality and in that manner, he came to be introduced to P.W.1. The accused helped P.W.1 in so many ways. Thus, as days passed, he became very close to her. Slowly the accused started visiting P.W.1 at her house. P.W.11 is the father of P.W.1. He along with his other family members was residing in Achankuttapatti village. The frequent visits made by the accused to the house of P.W.1 was opposed to by P.W.11 and other family members. But the accused did not stop. P.W.1s husband died in the year 1986 and so, she was living alone with her children. The accused told P.W.1 that since his wife was mentally ill, he had lost peace in his life. So, he expressed his desire to marry P.W.1. But P.W.1 declined. Thereafter, P.W.1 started constructing a house. The accused helped her to construct the same. In due course, P.W.1 and the accused had developed illicit intimacy. The accused used to stay during night hours with P.W.1 at her house. The accused insisted that the children of P.W.1 should call him as “Daddy”. But the children declined. The newly constructed house where P.W.1 and her children had started residing, had three keys. The first key would be with P.W.1; the second key with the accused and the third key with the deceased Preethi. ii) On 15.06.1997 in the morning, when P.W.1 was at home, the accused spoke to her over phone. But the children declined. The newly constructed house where P.W.1 and her children had started residing, had three keys. The first key would be with P.W.1; the second key with the accused and the third key with the deceased Preethi. ii) On 15.06.1997 in the morning, when P.W.1 was at home, the accused spoke to her over phone. He wanted P.W.1 to be ready to go to her parent’s home. P.W.1 told him that she had cancelled the idea of going to her parent’s home on that day, since she had planned to go on the next Monday. The accused told her that she could go on that day as well as on Monday. P.W.1 agreed. She was ready along with the deceased at her home. The accused came to her house in a car. On seeing the deceased getting ready to go over to her grand parent’s house, the accused told P.W.1 and the deceased that it was not good for the deceased to go to the house of P.W.1’s parents in view of the ensuing +2 examinations. He persuaded both P.W.1 and the deceased in this regard. So, the deceased stayed back in the house itself. P.W.1 and the accused alone went in his car. He left P.W.1 at her parents house - (P.W.11’s house). Madumitha-P.W.14 was already in the house of P.W.11. On seeing P.W.1, P.W.14 and the wife of P.W.11 enquired about the deceased. P.W.1 told them that the deceased had been left behind at her house alone. After leaving P.W.1 at the house of P.W.11, the accused left in the same car. iii) Around 2.00 p.m on that day, P.W.11 came to his house. He told P.W.1 that when he spoke over phone to the house of P.W.1, the accused attended the phone and then he handed over the same to the deceased. He also informed P.W.1 that the deceased was very dull while she spoke over phone. P.W.11 took exception to P.W.1 for having left the deceased alone. In the evening, P.W.1 was waiting for the arrival of the accused to take her back. At about 6.45 p.m, the accused came. The deceased Preethi also came in the same car along with the accused. Preethi got down from the car and stood on the road itself without going into the house. P.W.14 and the wife of P.W.11 went towards her and spoke to her. At about 6.45 p.m, the accused came. The deceased Preethi also came in the same car along with the accused. Preethi got down from the car and stood on the road itself without going into the house. P.W.14 and the wife of P.W.11 went towards her and spoke to her. Even then, the deceased was very dull. When P.W.14 and her grand mother enquired the deceased as to why she was dull, she told them that he came to the house. When P.W.14 asked her as to whom she refered to as he, she replied that it was the accused – Elangovan. Thereafter, the deceased narrated the happenings to her at the hands of the accused on 15.06.1997. She further told that while she was at home alone, the accused came to the house and removed his banian. She objected to the same. The accused gave milk to her. Then, she went for sleep. At about 5.30 p.m. the accused woke her up. At that time, the accused was lying by her side. The blanket and the skirt were disorderly. Sensing something untoward, she slapped the accused. The accused prostrated before her apologetically and requested her not to disclose the same to anybody. He apologised before the portrait of her father as well as in the grave yard of her father. After disclosing the above, the deceased wanted both P.W.14 and her grand mother not to disclose it to anybody as it would not be in the interest of her mother. Then the accused took P.W.1 as well as Preethi in the same car. At that time, P.W.1 found Preethi’s eyes reddish. Though P.W.1 enquired about the same, the deceased did not disclose anything. However, she told P.W.1 that she was experiencing pain over her neck and throat. When she enquired the deceased as to whether she had gone for tuition, she did not answer. But the accused told P.W.1 that the deceased had attended the tuition. iv) On reaching the house of P.W.1, she went straight to the bed room for the purpose of changing her dress. At that time, she found the lungi (M.O.1) belonging to the accused on the bed. It was wet. P.W.1 took the said lungi and saw it under the tube-light. To her shock, she found that there were blood stains on the same. At that time, she found the lungi (M.O.1) belonging to the accused on the bed. It was wet. P.W.1 took the said lungi and saw it under the tube-light. To her shock, she found that there were blood stains on the same. P.W.1 had developed fear and suspicion that something untoward had happened. She instructed the deceased to go and sleep in a different room. She did so. v) Soon thereafter, P.W.1 enquired the accused as to why there were blood stains on his lungi. The accused told her that it was his blood. P.w.1 did not stop with that. She further enquired as to how blood had stained the lungi. The accused told her that at times blood bleeds from his penis and in such a way, the lungi was stained with blood. P.W.1 was not satisfied with that answer. Then she enquired the accused as to whether he had provided lunch for the deceased. The accused told P.W.1 that she had given the deceased bread and milk alone. After this dialogue, the accused remained at the house of P.W.1 till 10.00 p.m. and then left. vi) After the accused had left, P.W.1 went to the room where the deceased was staying. Unusually, the deceased was sitting on the floor resting her head on the bed. P.W.1 took Preethi to the bed room and enquired her as to what had happened in the morning. The deceased told her that since she was studying from the morning, she did not mind the passing of time. She further told P.W.1 that in the afternoon, the accused came and gave milk to her. After taking milk, in the bed room, the deceased started sleeping. It is alleged that at that time, the accused removed his pant and wore the lungi and baniyan. The deceased questioned the same. After some time, when the deceased was sleeping, the accused committed sexual assault on her. In the evening, the deceased realised the same. The deceased told all these facts to P.W.1. She further told that out of anger, she slapped the accused. The accused apologetically prostrated before her and requested her not to disclose the happenings to anyone. He further told that if she discloses the same to her mother (P.W.1) she would also commit suicide. Then, he wanted the deceased to take bath. The undergarments were also washed. She further told that out of anger, she slapped the accused. The accused apologetically prostrated before her and requested her not to disclose the happenings to anyone. He further told that if she discloses the same to her mother (P.W.1) she would also commit suicide. Then, he wanted the deceased to take bath. The undergarments were also washed. Then the accused took the deceased to the Pooja room and in front of the portrait of the father of Preethi, the accused apologised to her. But, the deceased was not convinced. Then he took the deceased to the graveyard of the father of the deceased. There, he again prostrated before the deceased and requested her not to disclose it to anybody. From the above disclosure made, P.W.1 realised that the deceased had been raped by the accused. When P.W.1 enquired as to whether she had any different feelings, she told P.W.1 that she had pain on her external female genetalia as well as on her neck and throat. The deceased told P.W.1 that she would not live anymore. P.W.1 consoled her. vii) On the next day, i.e. on 16.06.1997, at the house of P.W.1, the telephone rang. The deceased took the phone. When P.W.1 enquired the deceased as to who spoke over phone, the deceased told "he only spoke". According to P.W.1, ‘he’ means the accused. P.W.1 told the deceased not to mind about the accused. She wanted the deceased to get ready to go to school. P.W.1 was under the impression that if the deceased goes to school, she would become normal. Accordingly, the deceased went to the school and P.W.1 went to her office. While P.W.1 was in her office, the accused attempted to speak to her over phone. P.W.1 expressed that she was not willing to speak to him. In the evening, when P.W.1 came out of her office, the accused was waiting outside for her. He wanted P.W.1 to get into the car. Though, initially she refused, on being persuaded, she got into the car with the hope to speak about the incident relating to the deceased. While in the car, she questioned the accused as to why he had spoiled her daughter, who was hardly 16 years old whereas he was a 42 years old man. The accused, though initially hesitated, later on confessed about the rape committed on the deceased. While in the car, she questioned the accused as to why he had spoiled her daughter, who was hardly 16 years old whereas he was a 42 years old man. The accused, though initially hesitated, later on confessed about the rape committed on the deceased. Then he warned her not to disclose it to others as the marriage prospectus of both the children would be spoiled. He also intimidated P.w.1 that even if P.W.1 discloses the same to anybody, using his muscle power and influence he would change the entire story. viii) When they reached the house of P.W.1, at 6.15 p.m. it was found locked. The accused got down and opened the doors using the key in his possession. But the next door of the house could not be opened as the same was bolted from inside. P.W.1 went to the side of the house and peeped through the window. The deceased was not in the bed room. Then she went to the next window and peeped through a small gap in the window. To her shock, she found the deceased hanging by neck. P.W.1 cried for help. Then P.W.1 broke open the window pans and found that the deceased was dead. The deceased was in her uniform (M.O.3 and 4) at that time. Then she preferred a complaint to the police Station under Ex.P.1. (ix) P.W.17 was the then Sub Inspector of Police, Alagapuram Police Station. On receiving Ex.P.1- Complaint from P.W.1 on 16.06.1997 at 7.00 p.m. he registered a case in Cr.No.288 of 1997 under Section 174 of Cr.P.C. Ex.P.24 is the FIR. He forwarded the FIR and the Complaint to the Revenue Divisional Officer, Salem. Taking up the case for investigation, at 7.30 p.m. he visited the place of occurrence. He found the house bolted from inside. He broke-open the doors in the presence of witnesses P.W.9-Thangaraj and one Balu. He prepared Ex.P.11-Observation Mahazar. He also prepared Ex.P.25-Rough Sketch. He removed the body of the deceased to the drawing hall of the house. Between 8.30 p.m. and 11.00 p.m. he conducted inquest on the body of the deceased. He examined P.W.1, P.W.13 and one Sekar and recorded their statements. He prepared an Inquest Report. Then, he forwarded the body for postmortem. (x) P.W.12 Dr.Vallinayagam at Government Hospital, Salem, conducted autopsy on the body of the deceased at 10.15 a.m. on 17.06.1997. Between 8.30 p.m. and 11.00 p.m. he conducted inquest on the body of the deceased. He examined P.W.1, P.W.13 and one Sekar and recorded their statements. He prepared an Inquest Report. Then, he forwarded the body for postmortem. (x) P.W.12 Dr.Vallinayagam at Government Hospital, Salem, conducted autopsy on the body of the deceased at 10.15 a.m. on 17.06.1997. He found the following ante-mortem injuries:- (i) An incomplete oblique ligature mark on the front and sides of neck, 16 cms x 2 cms, it lies above the thyroid cartilage, situated 6 cms below the left mastoid process, and 4 cms below the right mastoid process. (ii) Base of the ligature mark was pale, dry and parchument like. Ex.P.16 is the Post-mortem Certificate. He opined that the death was due to hanging. In respect of the possibility of rape on the deceased, he has not given any positive opinion and therefore, he was treated as hostile and cross examined by the prosecution. (xi) At about 11.30 a.m. on 16.06.1997, P.W.17 recovered M.O.2 – Saree, which was used as ligature for committing suicide and M.O.13 Broken glass pieces under Ex.P.12-Seizure Mahazar. At 5.00 p.m., M.O.3 -Skirt, M.O.4-Shirt, M.O.5-Petticoat, and M.O.12-Panties of the deceased removed from the dead body by the Doctor during post-mortem were handed over to P.W.17. (xii) After the body was taken, on 17.06.1997, P.W.1 told P.W.11 about what happened on 15.06.1997 and 16.06.1997 and also as to what the deceased told her. P.W.14 and the wife of P.W.1 also told as to what the deceased told them on 15.06.1997. So, P.w.1 came to know that the deceased was raped by the accused and that was why she committed suicide. Immediately, he gave telegrams to the Deputy Inspector General of Police, Vellore, North Arcot and to the Chief Ministers Cell [Exs.P.13 & 14]. But, no action was taken on the said telegrams. After cremation was over, P.W.11 took P.W.1 and P.W.14 to his house and the house of P.W.1 was locked. (xiii) On 23.06.1997, P.W.1, P.W.11 and P.W.14 returned to the house of P.W.1. When they cleaned the house, they found the books and note books of the deceased scattered in the room. When they put them in order, a letter written by the deceased [Death Note-Ex.P.2] was found. Then, they were sure that the deceased was rapped by the accused. (xiii) On 23.06.1997, P.W.1, P.W.11 and P.W.14 returned to the house of P.W.1. When they cleaned the house, they found the books and note books of the deceased scattered in the room. When they put them in order, a letter written by the deceased [Death Note-Ex.P.2] was found. Then, they were sure that the deceased was rapped by the accused. (xiv) Thereafter, at 10.00 p.m., on the same day, P.W.11 gave yet another complaint under Ex.P.15 to the police along with that he produced copies of two Telegrams sent to the Deputy Inspector General of Police, Vellore, North Arcot District and the Chief Ministers Cell, Secretariat, Chennai. (xv) In the said complaint, P.W.11 had alleged that the deceased was raped by the accused and that was the cause for her to commit suicide. He also narrated that the deceased told P.W.1 & P.W.14 about all the happenings. In the telegrams sent to the Chief Ministers Cell and the Deputy Inspector General of Police, he had alleged that the accused committed rape on the deceased and unable to bear with the same, she committed suicide. (xiv) Apart from that, P.W.11 also produced the Death Note of the deceased [Ex.P.2]. In Ex.P.2, the deceased had stated that she believed that person (name not mentioned) as a well-wisher, but, he had caused harm to her. She had also indicated, that was the reason for her to commit suicide. Based on the same, P.W.17, altered the case into one under Section 306 and 376 of IPC. Ex.P.26 is the alteration report. Thereafter, he handed over the case diary to P.W.18 for further investigation. (xv) P.W.11 in his evidence has narrated about the marital life of P.W.1 and the illicit relationship between P.W.1 and the accused He has also stated about the telephonic call made by him on 15.06.1997 at about 11.30 a.m. to the deceased. He has further stated about the fact that the phone call was initially attended to by the accused and then it was handed over to the deceased. He has further stated that the deceased was so dull at that time when he spoke to her over phone. He has further stated that on 16.06.1997 at about 11.00 p.m. he heard about the death of the deceased and he proceeded to the house of P.W.1. He has further stated that the deceased was so dull at that time when he spoke to her over phone. He has further stated that on 16.06.1997 at about 11.00 p.m. he heard about the death of the deceased and he proceeded to the house of P.W.1. At that time since P.W.1 was in grief and since she fainted very often, he did not enquire her further anything more about the cause for the suicide. Thereafter, on 17.06.1997 when he enquired P.W.1, she narrated all the happenings including the disclosure made by the deceased to her. Immediately thereafter at 10.30 a.m. on 17.06.1997, he gave Ex.P.13 and P.14 Telegrams to the authorities for necessary action. In both the telegrams, as we have already noticed, P.W.1 has stated that the deceased was raped by the accused and that was the cause for her suicide. He has further stated that fearing for the accused, he did not go to the police station immediately to prefer complaint. (xvi) Coming back to the investigation, on 23.06.1997 at 10.30 p.m. P.W.18 took up the investigation. He visited the place of occurrence. He examined P.W.12 Dr.Vallinayagam and recorded his statement. Then, he examined P.W.1 and P.W.11 and recorded their further statements. At 2.00 p.m on 26.06.1997 he arrested the accused in front of Mariamman Temple at Reddiyur and brought him to the police station at 2.30 p.m. Soon thereafter, he sent the accused for judicial remand. On 27.06.1997, he proceeded to Aachankuttapatti Village, examined P.W.14, P.W.11, one Saroja and one Rajamma and recorded their statements. At 6.30 p.m. he visited the house of P.W.1. At that time, P.W.1 produced a blood stained frock of the deceased (M.O.5), a blood stained bedsheet (M.O.7), a full hand shirt (M.O.6) and a lungi stained with blood (M.O.1), a bed cover (M.O.8), a Gown (M.O.11) and stainless steel tumbler (M.O.10) in the presence of P.W.13 and another witness. P.W.18 recovered the same under Ex.P.27-Mahazar. He examined P.W.13 and other witnesses and recorded their statements also. On 29.06.1997, he gave a requisition (Ex.P.28) to the learned Judicial Magistrate concerned to send the accused for medical examination. (xvii) P.W.12 Dr.Vallinayagam examined the accused and gave a report under Ex.P.19. According to his opinion, the accused is capable of performing sex. According to his certificate [Ex.P.20], the age of the accused would have been around 40 years. On 29.06.1997, he gave a requisition (Ex.P.28) to the learned Judicial Magistrate concerned to send the accused for medical examination. (xvii) P.W.12 Dr.Vallinayagam examined the accused and gave a report under Ex.P.19. According to his opinion, the accused is capable of performing sex. According to his certificate [Ex.P.20], the age of the accused would have been around 40 years. (xviii) Then, P.W.18 examined P.W.2, the Principal of Vidhya Mandir Higher Secondary School, where the deceased was studying, from whom, he obtained Ex.P.3 – an examination answer sheet of the deceased in Tamil subject for the purpose of comparison of the hand writing. Then, he examined P.W.3 who was the then Mathematics Teacher at Holy Angels Matriculation Higher Secondary School and obtained Ex.P.5 – an examination answer sheet of the deceased in Computer Science subject, Ex.P.4 - leave letter of the deceased, Ex.P.6 – an examination answer sheet of the deceased in Mathematics subject and Ex.P.7-Admission Application of the deceased. P.W.3 identified the hand writings of the deceased in the above documents. P.W.18 examined P.Ws.2 and 3 and recorded their statements. Once again, he examined P.Ws.1, 11 and 14 and recorded their statements. At the request of P.W.18, the material objects were sent for chemical examination. Then, at his request, the hand writings of the death note (Ex.P.2) and the hand writings contained in Ex.P.4, P5, P.6 and P.7 were sent for comparison by a hand writing expert. (xix) P.W.5, the hand writing expert working at Forensic Science Laboratory, Government of Tamil Nadu, Chennai has got 15 years of experience in the field. He compared the hand writings and gave opinion to the effect that the hand writings found in the documents containing admitted hand writings and the hand writings in Ex.P.2 Death Note, were made by one and the same person. In other words, according to him, the writings in the death note should have been made by the deceased in her own hand writing. (xx) P.W.16 Mrs.Radhamani, a Scientific Assistant working at Forensic Science Laboratory, Government of Tamil Nadu, Chennai, examined two Bed-sheets, one Lungi and one frock. She found that there were blood stains on both the bed-sheets and lungi. In the frock and one bed-sheet, she found seminal stains. Ex.P.23 is her Certificate (xxi) P.W.6, during the relevant point of time, was working in the Gem Cutting Company of P.W.13. She found that there were blood stains on both the bed-sheets and lungi. In the frock and one bed-sheet, she found seminal stains. Ex.P.23 is her Certificate (xxi) P.W.6, during the relevant point of time, was working in the Gem Cutting Company of P.W.13. The said company is situated just opposite to the house of P.W.1 where the occurrence had taken place. She knew the deceased, the accused as well as P.W.1. According to her, she used to see the accused frequently visiting the house of P.W.1. One day prior to the death of the deceased, when she was in the company, she heard some noise from out side (i.e.) from the house of P.W.1. It was in the evening. She went out of the company and found that the deceased was standing at the entrance of the house of P.W.1 and the accused was standing in front of her. They were shouting at each other. (xxii) P.W.7 was the cultivating tenant of the lands belonging to P.W.1. In connection with payment of rent, prior to the death of the deceased, on one occasion, he came to the house of P.W.1. At about 4.00 to 4.30 p.m. on that day, he found the house of P.W.1 closed. He rang the calling bell. The accused came out of the house. When he enquired the accused whether P.W.1 was available, the accused told him that she had gone to Aachankuttapatti Village . At that time, he found the accused wearing a lungi. He has identified M.O.1 -Lungi as the one which was worn at that time by the accused. Thereafter, the accused closed the door. Therefore, P.W.7 returned to his village. Subsequently, he came to know that the deceased had committed suicide. (xxiii) Reverting back to the investigation done by P.W.18, he examined Dr.Vallinayagam on 27.10.1997 and recorded his further statement. Then, he handed over the investigation to P.W.19. P.W.19 on completion of investigation, laid the final report against the accused. 3. Based on the above materials placed by the prosecution, the trial Court, framed as many as three charges. (xxiii) Reverting back to the investigation done by P.W.18, he examined Dr.Vallinayagam on 27.10.1997 and recorded his further statement. Then, he handed over the investigation to P.W.19. P.W.19 on completion of investigation, laid the final report against the accused. 3. Based on the above materials placed by the prosecution, the trial Court, framed as many as three charges. The 1st charge is under Section 376 of IPC for having committed rape on the deceased by the accused on 15.06.1997; the 2nd charge is under Section 306 of IPC for having driven the deceased to commit suicide on 16.06.1997 by hanging and; the 3rd charge is under Section 328 of IPC for having administered intoxicating drugs along with milk on the deceased on 15.06.1997. The accused denied the charges and therefore, he was put on trial. During trial on the side of the prosecution, as many as 19 witnesses were examined and 23 documents were exhibited. M.Os.1 to 21 were produced. When the accused was questioned under Section 313 of Cr.P.C. he denied the same. He gave a written statement under Section 313 of Cr.P.C. in which he has stated that in connection with the construction of the house of P.W.1, she had fallen in dues to him. Only for the purpose of collecting the said dues, the accused visited the house of P.W.1 on few occasions. Apart from that there was no illicit relationship between him and P.W.1. He has further stated that on 15.06.1997, he did not go to Aachankuttapatti Village at all. Similarly, he has stated that on 15.06.1997 he did not visit the house of P.W.1 at all. He has also denied the allegations made by P.w.14 that he spoke over telephone. He has further stated that what ever have been stated by the witnesses implicating him are all false. He has stated that P.Ws.1, 11 and 14 have falsely deposed against him. He has further stated that Ex.P.2 Death Note is a concocted document. Similarly, the material objects containing blood stains have been created for the purpose of the case. He has further stated that P.Ws.6, 7 & 13 have also falsely deposed against him. He, however, did not chose to examine any witness. 4. Thereafter, the Additional Public Prosecutor made a request to the Court to recall P.W.1 for further examination. Accordingly, she was recalled and further examined in chief. He has further stated that P.Ws.6, 7 & 13 have also falsely deposed against him. He, however, did not chose to examine any witness. 4. Thereafter, the Additional Public Prosecutor made a request to the Court to recall P.W.1 for further examination. Accordingly, she was recalled and further examined in chief. In her further deposition, she has stated that eight months after the death of the deceased she and the accused had extensive conversation over telephone. The said conversation made on 5 – 6 occasions were recorded in a cassette using a scientific device. The said cassette containing the recorded statement was handed over to his brother one Sekar for safe custody. But, the same was not disclosed to the police. The prosecution produced the said cassette in evidence. The trial court played the same in open Court in the presence of the accused; P.W.1; the Additional Public Prosecutor; and the counsel for the accused. The said cassette was thereafter marked as Ex.W.2. She also produced 2 photographs with negatives. They were marked as Exs.Ws.3 and 4. P.W.1 has identified the male found in the photographs as the accused and the female as herself. She has also identified the male voice in the recorded conversation as that of the accused and the female voice as that of hers. She has further stated that these photographs were taken using an automatic camera. 5. In respect of the incriminating materials spoken to by P.W.1 during her further chief examination, the accused was further questioned under Section 313 of Cr.P.C. for which the accused has stated that Ex.W.2 cassette has been created for the purpose of the case subsequent to the examination of witnesses. In respect of the photographs, during cross examination, it has been suggested that when the accused came to the house of P.W.1 demanding dues, he was lured leading to sexual intercourse and at that time, with the help of her daughter photographs were taken. It should be noted that he has not denied the fact that the male voice in the Ex.W.2 Cassette belongs to him and the female voice belongs to P.W.1. 6. Having considered all the above materials, the trial Court acquitted the accused. Challenging the same, the State is before this Court with Crl.A.No.301 of 2004 and P.W.1 is before this Court with Crl.R.C.No.414 of 2001. 7. This is a case based on circumstantial evidence. 6. Having considered all the above materials, the trial Court acquitted the accused. Challenging the same, the State is before this Court with Crl.A.No.301 of 2004 and P.W.1 is before this Court with Crl.R.C.No.414 of 2001. 7. This is a case based on circumstantial evidence. As could be seen from the narration of the evidences, the prosecution relies on the following circumstances to establish the charges levelled against the accused. (i) The accused and P.W.1 had illicit intimacy and in that manner the accused used to make frequent visits to the house of P.W.1 as spoken to by P.Ws.1, 11, 14 and 6. On 15.06.1997, though the deceased and P.W.1 had planned to go to the house of P.W.11, the accused managed to leave the deceased alone at the house of P.W.1 itself and took P.W.1 alone to the house of P.W.11. (ii) After leaving P.W.1, he returned to the house of P.W.1. The accused was found in the house of P.W.1 along with the deceased as spoken to by P.Ws. 6 & 7. (iii) When P.W.11 spoke over phone to the house of P.W.1 on 15.06.1997, the accused who initially attended the call, immediately handed over the same to the deceased. Thus, the presence of the accused at the house of P.W.1 on 15.06.1997 along with the deceased is established. (iv) The conduct of the accused in taking the deceased in the evening on 15.06.1997 in his car to the house of P.W.11. At that time, the deceased was very dull and she did not go to the house of P.W.11. On returning to the house in the night of 15.06.1997, P.W.1 found the lungi of the accused stained with blood. When she questioned the accused in this regard, he gave a false explanation that it was due to bleeding through his penis. (v) The oral dying declarations made by the deceased to P.W.1 and P.W.11 informing all the happenings including the alleged sexual assault made on her by the accused. (vi) The blood stains found on the bed-sheets and lungi and the seminal stains found on one of the bed sheets and the frock worn by the deceased as spoken to by the chemical analyst would establish that the deceased had been raped. (vi) The blood stains found on the bed-sheets and lungi and the seminal stains found on one of the bed sheets and the frock worn by the deceased as spoken to by the chemical analyst would establish that the deceased had been raped. (vii) The Death Note left by the deceased (Ex.P.2) would clearly indicate that the deceased had committed suicide because of the harm caused to her by a person. According to the prosecution, a comprehensive reading of Ex.P.2 would clearly establish that it refers only to the accused. (viii) The conduct of the accused in not turning up even after receiving the telephone call from P.W.1 after the arrival of the police. (ix) The conversations made by the accused with P.W.1 (recorded in Ex.W.2 Cassette) long after the occurrence wherein he has almost admitted his presence on 15.06.1997 and his taking the deceased to the house of P.W.11 in the evening and the other connected matters. (x) The false plea of the accused that he had no illicit relationship with P.W.1, the denial of his presence at the house of P.W.1 on 15.06.1997 and also the denial of the fact that he took P.W.1 alone to the house of P.W.1, etc. (xi) The photographs Exs.W.3 and 4 would show that almost the accused was in a compromising position with P.W.1 which establishes the intimacy between them. 8. According to the learned Additional Public Prosecutor, these circumstances would clearly and unerringly go to establish that the deceased had committed suicide only on account of rape committed by this accused. The learned Additional Public Prosecutor has taken me through the evidences of all the witnesses and also exhibits. He has also taken me through the transcribed version of the conversation recorded in Ex.W.2 . He woud submit that the prosecution has proved all the circumstances beyond any reasonable doubt and the trial Court has failed to consider the same. Therefore, the judgement of the trial Court is liable to be set aside and the accused must be convicted and sentenced as per law, he contended. 9. The learned Senior Counsel appearing for the accused would stoutly refute the said contentions. According to him, in an appeal against acquittal, the power of this Court to some extent is limited. Therefore, the judgement of the trial Court is liable to be set aside and the accused must be convicted and sentenced as per law, he contended. 9. The learned Senior Counsel appearing for the accused would stoutly refute the said contentions. According to him, in an appeal against acquittal, the power of this Court to some extent is limited. He would add that even if two views are equally possible, the view taken by the trial Court cannot be substituted by the view taken by this Court. In respect of the circumstances pointed out by the learned Additional Public Prosecutor, he would make the following submissions. (i) There was no illicit relationship between the accused and P.W.1. There is no acceptable evidence to prove the same. Assuming that there was such a relationship that will not in any manner go to prove the alleged guilt of the accused. (ii) The allegation that the accused managed to leave the deceased alone at home on 15.06.1997 and took P.W.1 alone to the house of P.W.11 is absolutely false. To this extent, the evidences of P.Ws.1 and 11 cannot be accepted. (iii) The presence of the accused at the house of P.W.1 on 15.06.1997 is false. In this regard the evidences of P.Ws.6 & 7 as well as the evidence of P.W.11 are absolutely false. (iv) The oral dying declarations said to have been made by the deceased to P.W.1 and P.W.14 cannot be true and the same are only imaginary and motivated. (v) The so-called Death Note (Ex.P.2) has not been proved to have been written by the deceased. It has been created for the purpose of this case only in order to falsely implicate the accused. Further, it does not refer to the accused at all. (vi) The blood stains on one of the bed-sheets, lungi and seminal stains on one bedsheets and frock have been created for the purpose of the case. The lungi does not belong to the accused. The blood stains did not tally with that of the blood group of the accused. (vii) The non-disclosure of the so-called oral dying declarations, the blood stains on bedsheets and lungi and seminal stains on one Bed-sheet and frock, etc. by P.W.1 in Ex.P.1 complaint has not been explained away and this creates enormous doubt in the case of the prosecution. (vii) The non-disclosure of the so-called oral dying declarations, the blood stains on bedsheets and lungi and seminal stains on one Bed-sheet and frock, etc. by P.W.1 in Ex.P.1 complaint has not been explained away and this creates enormous doubt in the case of the prosecution. (viii) The conduct of P.Ws.1 & 11 in not producing the above material objects to the police at the time of inquest or soon thereafter would go to indicate that they have been created for the purpose of the case. (ix) When it is in evidence that on the date of occurrence itself, a thorough search was made in the house, but nothing was found, it is highly unbelievable that suddenly Ex.P.2 was found on 23.06.1997. This again creates a doubt about the geniuses of the death note. This document has also been created falsely so as to implicate the accused. (x) Ex.W.2 Cassette containing the alleged conversation between the accused and P.W.1 has not been proved in accordance with law and therefore, the same cannot be made use of against the accused for any purpose. Further, the contents of the said conversation were not put to the accused under Section 313 of Cr.P.C. and therefore, the same cannot be used against the accused. (xi) The photographs Exs.W 3 & 4 were taken when the accused came to the house of P.W.1 in connection with demand of dues by luring him to go for sexual contact with P.W.1. The said photographs would only, at the most, show the closeness of P.W.1 and the accused and this itself would not prove the guilt of the accused. (xii) The prosecution has failed to prove the circumstances relied on by it and there is no complete chain of proved circumstances, unerringly, pointing to the guilt of the accused . Therefore, according to the learned senior counsel, no interference is called for at the hands of this court. 11. Before going to deal with the evidences available on record, let me first have a look into the general principles regarding the powers of the appellate court while dealing with an appeal against an order of acquittal. [vide Bhaskar Ramappa Madar v. State of Karnataka, (2010) 1 SCC (Cri) 133]:- (1) An appellate court has full power to review, reappreciate and reconsider the evidence upon which the order of acquittal is founded. [vide Bhaskar Ramappa Madar v. State of Karnataka, (2010) 1 SCC (Cri) 133]:- (1) An appellate court has full power to review, reappreciate and reconsider the evidence upon which the order of acquittal is founded. (2) The Code of Criminal Procedure, 1973 puts no limitation, restriction or condition on exercise of such power and an appellate court on the evidence before it may reach its own conclusion, both on questions of fact and of law. (3) Various expressions, such as, substantial and compelling reasons, good and sufficient grounds, very strong circumstances, distorted conclusions, glaring mistakes, etc. are not intended to curtail extensive powers of an appellate court in an appeal against acquittal. Such phraseologies are more in the nature of flourishes of language to emphasise the reluctance of an appellate court to interfere with acquittal than to curtail the power of the court to review the evidence and to come to its own conclusion. (4) An appellate court, however, must bear in mind that in case of acquittal, there is double presumption in favour of the accused. Firstly, the presumption of innocence is available to him under the fundamental principle of criminal jurisprudence that every person shall be presumed to be innocent unless he is proved guilty by a competent court of law. Secondly, the accused having secured his acquittal, the presumption of his innocence is further reinforced, reaffirmed and strengthened by the trial court. (5) If two reasonable conclusions are possible on the basis of the evidence on record, the appellate court should not disturb the finding of acquittal recorded by the trial court." 12. Keeping in mind the above principles, let me now take up the evidences for consideration. 13. Let me, at first, take up the so called death note (Ex.P.2) for consideration since much reliance is placed by the learned Additional Public Prosecutor on the said document. It is the case of the prosecution that the said document was noticed by P.Ws.1 and 11 on 23.06.1997. The hand writings in the said document have been identified by P.Ws.1 , 11 and 14. It should also be noticed that Exs.P3, P.4 to P.7 have been obtained from the school where the deceased was studying and they have been proved through P.Ws.2 and 3 respectively. The hand writings in the said document have been identified by P.Ws.1 , 11 and 14. It should also be noticed that Exs.P3, P.4 to P.7 have been obtained from the school where the deceased was studying and they have been proved through P.Ws.2 and 3 respectively. A perusal of the cross examination of these three witnesses by the accused would indicate that there is no challenge in respect of the fact that the hand writings found on Ex.P.3, 4 & 7 were that of the deceased. The hand writings found on Ex.P.2 were sent for comparison with Exs.P.3 to P.7. Ex.P.3 to P.7 contain the handwritings of the deceased both in English and Tamil. There is no dispute regarding the same. P.W.5, who is an Expert in the field of handwriting, has offered opinion under Ex.P.8 that the writings found on Ex.P.2 tallied with the documents containing the admitted hand writings of the deceased. Ex.P.8 contains reasoning also. P.W.5 has spoken to elaborately about the reasons for his conclusion. During cross examination of P.W.5 it has only been suggested that his opinion is not the conclusive proof that Ex.P.2 was written by the deceased. Except that, there was no serious challenge made to the findings of P.W.5 and the reasons spoken to by him for such findings. Thus, from the evidence of P.Ws.1 , 11 and 14 coupled with the experts evidence namely, P.W.5 , it has been clearly established that Ex.P.2 was written only by the deceased. 14. Now, it has to be seen whether Ex.P.2 will satisfy the requirements of Section 32 of the Evidence Act so as to term the same as a relevant document. It is in Tamil. The translated version of the said document reads as follows:- "I do not know what he did to me. But, he had done something. Mummy, yesterday when you repeatedly questioned me, I doubted as to whether I committed anything wrong. If that is so, forgive me. I thought of achieving more this year. I was also taking efforts towards such aim. I developed acquaintance with him not with any bad intention, but, under the impression that he was a well-wisher. But, without any inhibition he spoke over phone. Other things, I will come and tell you in your dream. I wont leave him to live peacefully. Thus, Yours, sd/- Preethi Venugopalan alone 15. I was also taking efforts towards such aim. I developed acquaintance with him not with any bad intention, but, under the impression that he was a well-wisher. But, without any inhibition he spoke over phone. Other things, I will come and tell you in your dream. I wont leave him to live peacefully. Thus, Yours, sd/- Preethi Venugopalan alone 15. A reading of this document would clearly reflect that it speaks of the circumstances which relate to the cause of death. Therefore, there can be no doubt, that it is a dying declaration and so, it is admissible in evidence under Section 32 of the Evidence Act. The said document deserves due weightage. 16. In Ex.P.2, the deceased has not expressly stated that she was raped by anybody. It is only stated by the deceased that he (name not mentioned) had done something harmful to her. Therefore, this document will not go to prove the charge under Section 376 of IPC in any manner. However, it would prove that her modesty was outraged. 17. Now, coming to the evidence of P.W.1 , she has stated that on 15.06.1997 night at home, the deceased told her that the accused was lying by the side of the deceased even without banian. Further, the bed-sheet and the frock worn by the deceased were found not in order. The same has been referred to in the oral dying declarations made to P.W.14 also. Thus, the oral dying declarations also do not prove in any manner that the deceased was raped by either this accused or by anybody else. 18. Now, coming to the medical evidence, in Ex.P.16 Post-mortem Certificate, P.W.12 Doctor did not notice any abnormality or injury, either external or internal, in the female genitalia of the deceased. P.W.12 has spoken to about the same in his evidence also. His opinion is that the deceased died due to asphyxia due to hanging. The viscera report also states that there was no poison or traces of any other intoxicating drug in the visceral contents (Vide Ex.P.22). P.W.12 had found that hymen was also intact. He has further deposed that absolutely there was no symptom on the body of the deceased to indicate that she had been subjected to sexual intercourse. P.W.12 Doctor Vallinayagam is the professor in Forensic Medicine. The said opinion of the Doctor was challenged by the prosecution by treating him hostile. P.W.12 had found that hymen was also intact. He has further deposed that absolutely there was no symptom on the body of the deceased to indicate that she had been subjected to sexual intercourse. P.W.12 Doctor Vallinayagam is the professor in Forensic Medicine. The said opinion of the Doctor was challenged by the prosecution by treating him hostile. It was suggested to him by bringing to his notice the opinions expressed in the standard books on Forensic Medicine by Dr. Modi, Dr. K.S.Narayana Reddy, Dr. A.Steadman, Dr. Franklin and others that even without rupture of the hymen, sexual intercourse is possible. P.W.12 has stated that he did not agree with the above opinions found in those text books. 19. The learned Additional Public Prosecutor would submit that it is not uncommon that sexual intercourse is still possible even without causing any rupture to the hymen. To substantiate his contention, the learned Additional Public Prosecutor would rely on the opinions expressed in the above text books. Apart from that he would also submit that if only there is full penetration, there is possibility of rupture of hymen. In partial penetration, where the penis goes up to the level of hymen, according to the learned Additional Public Prosecutor, absolutely, there is no chance for hymen to get ruptured. 20. In my considered opinion, as rightly pointed out by the learned Additional Public Prosecutor, there can be no controversy at all that it is not necessary that in all cases of partial penetration, there has to be rupture of hymen. It all depends upon the depth up to which the penis is penetrated, the strength of hymen and the force used etc. Therefore, the possibility of hymen remaining intact even after partial penetration cannot be ruled out. But, in those circumstances, there has to be a clear evidence in respect of at least partial penetration. Normally, in a case of rape, the evidence of the prosecutrix about the partial penetration would be available and the same would be tested and accepted by the Courts even in the absence of rupture of hymen. But, in the case on hand, it is based only on circumstantial evidence. Normally, in a case of rape, the evidence of the prosecutrix about the partial penetration would be available and the same would be tested and accepted by the Courts even in the absence of rupture of hymen. But, in the case on hand, it is based only on circumstantial evidence. In the absence of any allegation either in the death note (written dying declaration) or in the oral dying declarations said to have been made to P.Ws.1 and 14, the court has to give weightage to the medical evidence. Apart from the hymen remaining intact, according to the evidence of P.W.12 Doctor, there was no other symptom of sexual intercourse. It does not mean that in all cases there have to be symptoms like, external injuries on the genitalia of the victim. But, in a case based on circumstantial evidence, where the version of the prosecutrix is not available, it is absolutely necessary for the prosecution to prove partial penetration at least by means of medical evidence. Such kind of evidence is absolutely wanting in the present case. Though P.W.12, the Doctor has been cross examined at length after treating him hostile, he has not at all stated anywhere that there would have been at least partial penetration. The learned Additional Public Prosecutor had not cross examined P.W.12 to elicit from him as to whether partial penetration would have happened on the deceased. Thus, absolutely, there is no evidence even for partial penetration. The medical evidence does not even suggest such partial penetration. Therefore, in my considered opinion and as rightly concluded by the trial Court, the charge under Section 376 of IPC has to necessarily fail. 21. Now, coming to the charge under Section 306 of IPC, there is no controversy that the deceased died committing suicide. What all that is alleged is that she was driven to take such an extreme step to commit suicide only by the act of the deceased in making sexual assault on her. It is submitted by the learned counsel for the accused that since there is no evidence for rape on the deceased, as a corollary , the charge under Section 306 of IPC also should fail. 22. It is submitted by the learned counsel for the accused that since there is no evidence for rape on the deceased, as a corollary , the charge under Section 306 of IPC also should fail. 22. Per contra, the learned Additional Public Prosecutor would submit that from out of the circumstances listed out by him, the prosecution has clearly proved that the deceased died only due to abetment made by the accused in committing sexual assault on her. 23. The first and foremost evidence for this is, Ex.P.2 Death Note. Of course, it does not expressly state that the accused raped her. But, surely, Ex.P.2 Death Note reflects that some sexual harm was caused to her. To that extent, Ex.P.2 could be relied on. Who is the person against whom reference has been made in Ex.P.2 is the next question to be answered. 24. P.W.1 in her evidence has stated that on 16.06.1997, when she was at home, somebody spoke over phone. The deceased attended the phone. When P.W.1 enquired as to who spoke over phone, the deceased replied that it was the accused. P.W.1 told her not to mind about him. Regarding this incident, there is a reference in Ex.P.2. A conjoint reading of the evidence of P.W.1 and Ex.P.2 would go to show that the person referred to in Ex.P.2 is none else than the accused. 25. It is contended by the learned senior counsel appearing for the accused that this fact was not spoken to by P.W.1 at the earliest point of time when she was examined by the police on 16.06.1997 itself. Therefore, according to him, it is only an after thought and so, the same cannot be given any weightage. In my considered opinion, mere delay in making a statement to the police or delay in examining a particular witness alone cannot be a ground to reject the evidence of the said witness. It is only in a case where no explanation is offered for non-disclosure of the fact to the police at the earliest point of time by the witness, such delay assumes importance. In a case where there is plausible explanation offered for the delay, there can be no impediment to accept such evidence. In this case, P.Ws.1, 11 and 14 have stated that the accused was a very powerful man with men and money and also politically. In a case where there is plausible explanation offered for the delay, there can be no impediment to accept such evidence. In this case, P.Ws.1, 11 and 14 have stated that the accused was a very powerful man with men and money and also politically. It was only out of fear for him such disclosure was not made to the police by them at the earliest point of time. The fact that the accused was a very influential person, politically and otherwise, has not been disputed by the accused. Nowhere, I find any such dispute raised during cross examination of these three witnesses. So, there can be no legal impediment in accepting such explanation and to act upon the evidence of P.Ws.1, P.W.11 & P.W.14 and others. As I have already stated, the evidence of P.W.1 clearly establishes that the person referred to in Ex.P.2 is none else than the accused. 26. Now coming to the oral dying declaration said to have been made by the deceased to P.W.1, she has narrated the statement made by the deceased to her on the night of 15.06.1997. The main attack on her evidence in this regard is that she did not disclose anything about the same to the police either in Ex.P.1 or in her statement made to the police on 16.06.1997 during inquest. As I have already pointed out, there is sufficient explanation by P.W.1 as to why she did not make disclosure of the said oral dying declaration either in the complaint or in the earliest statement made to the police. Except the delay, no other circumstance is pointed out by the accused as to why the evidence of P.W.1 should be rejected. In my considered opinion, for such nondisclosure , when sufficient explanation has been offered by P.W.1, on account of delay in disclosure, the evidence of P.W.1 relating to oral dying declaration made by the deceased cannot be rejected. 27. Coming to the oral dying declaration made by the deceased to P.W.14, here again, the only attack made is the delay in disclosure. At the time of occurrence the deceased was an young girl. She has stated that the said dying declaration was made in the presence of her grand mother also. 27. Coming to the oral dying declaration made by the deceased to P.W.14, here again, the only attack made is the delay in disclosure. At the time of occurrence the deceased was an young girl. She has stated that the said dying declaration was made in the presence of her grand mother also. It is too hard to expect such an young girl to go to the police to make a statement about the dying declaration while she was in grief. Quite naturally, she had informed her grand father viz., P.W.11 on the next day of the occurrence. It was only on the disclosure made by P.W.1 and P.W.14, P.W.11 had given telegrams Ex.P.13 and P.14 to the Dy. Inspector General of Police as well as the the Honble Chief Ministers Cell. P.W.1 has also deposed that P.Ws.1 and 14 disclosed to him about the oral dying declarations said to have been made by the deceased. Thus, though there was no disclosure by P.Ws.1 and 14 to the police at the earliest point of time and it was disclosed only on 23.06.1997, there is acceptable explanation for the delay. I find absolutely no reason to reject the evidences of P.Ws.1 and 14 in respect of the oral dying declarations made by the deceased to them. In the said oral dying declarations made on two occasions, firstly to P.W.14 and then to P.W.1, the deceased had told about the events which happened to her at the hands of the accused on 15.06.1997, while she was at home alone. The conduct of the deceased that she was so dull and she did not go into the house of P.W.11 on 15.06.1997 when she was brought to his house by the accused and her conduct on the night of 15.06.1997 at her house that she held her head on the cot by sitting on the floor in grief would all further strengthen the case of the prosecution. Thus, absolutely, I find no reason to reject the evidence of these witnesses who have spoken to the oral dying declarations made on two occasions by the deceased. 28. Now coming to the blood stains found on the bed sheets and lunghi, it will not go to advance the case of the prosecution in any manner. The chemical analysts report simply states that it was human blood. 28. Now coming to the blood stains found on the bed sheets and lunghi, it will not go to advance the case of the prosecution in any manner. The chemical analysts report simply states that it was human blood. The expert was not in a position to find out the blood group. Above all, according to the evidence of the Doctor (P.W.12) there were no injuries on the deceased indicating vaginal bleeding from the deceased. Similarly, there were no injuries found on the external genitalia of the accused. When that be so, the presence of human blood on the bed-sheet is surprising. The possibility of such blood having been bleeded either from the accused or from the deceased cannot be inferred. Therefore, the presence of blood stains on the bed-sheet and lunghi does not incriminate the accused in any manner . 29. However, the presence of seminal stains on the bed-sheet and the frock belonging to the deceased, are material. According to the evidence of P.W.8 coupled with Ex.P.10, semen was detected on the frock and the bed-sheet. This, in my considered opinion, is incriminating. It cannot be lost sight of that there was no other male living in the house. As spoken to by P.Ws.6 & 7 as well as P.W.1, the accused alone was the sole male available in the house of the deceased on 15.06.1997. If the semen had been found in any other materials, it may not be an important piece of evidence. But, here, it was found on the frock of the deceased. This shows that some kind of sexual assault had been made on the deceased though not by means of penetration causing rape. It is in the evidence of P.W.1 that on several previous occasions the accused had visited the house of P.W.1 and at times, he stayed with P.W.1. It is also in evidence that the accused used to have sexual intercourse with her. Therefore, it may be suggested that during such sexual intercourse, which the accused had with P.W.1 seminal stains would have come to be on the bed sheet. This possibility had, however, been ruled out during cross examination of P.W.1. It has been elicited during cross examination of P.W.1 that the accused used to have sexual intercourse with P.W.1 only in the hall and never in the bed room. This possibility had, however, been ruled out during cross examination of P.W.1. It has been elicited during cross examination of P.W.1 that the accused used to have sexual intercourse with P.W.1 only in the hall and never in the bed room. Therefore, seminal stains on the bed-sheet, would not have happened at the time when P.W.1 had sexual intercourse with the accused during the past. In the oral dying declaration of the deceased made to P.Ws.1 and 14, the deceased told that she found the accused lying bare bodied on her side. The conduct of the accused lying by the side of a matured girl without banian, the presence of seminal stains particularly, on the frock worn by the deceased at that time and the other circumstance that the bedsheet and the frock worn by the deceased were found disorderly as spoken to in the oral dying declarations would all clearly establish that the accused had caused some sexual assault on the deceased. 30. There are also other circumstances to substantiate the said conclusion. According to P.W.1, when she told the accused that she was not willing to go to her parents home on 15.06.1997, the accused persuaded her to go and he also said that he would come and take her in his car to the house of her parents. When he came, P.W.1 as well as the deceased were ready. But, the accused persuaded the deceased not to come as she had examination. It is because of this reason, P.W.1 ventured to leave the deceased alone at home and to go alone to her parents home. Even then she wanted to know from the accused as to whether he would provide food for the deceased, for which he said that he would do. Thereafter, there can be no controversy that P.W.1 alone had gone to her parents house along with the accused. This part of evidence of P.W.1 is again sought to be assailed on the ground of failure to disclose the same to the police on 16.06.1997. Here again, I have to state that of course this fact was not disclosed at the earliest point of time by P.W.1 . But there is sufficient explanation as to why there was a delay in disclosure. Here again, I have to state that of course this fact was not disclosed at the earliest point of time by P.W.1 . But there is sufficient explanation as to why there was a delay in disclosure. From the evidences of P.Ws.1, 11 and 14, it has been established that the deceased was left at the house of P.W.1 alone and that P.W.1 alone had gone to the house of P.W.11. It is in the evidence of P.W.1 that the accused returned after leaving P.W.1 at the house of her parents. The accused was found at the house of P.W.1 along with the deceased by two witnesses viz., P.Ws.6 & 7. Apart from that P.W.11 has spoken to over telephone. At that time, it was only the accused who initially attended the call. From the evidence of P.Ws.6 & 7 and that of P.W.11 it has been clearly established that the accused alone was in the house along with the deceased. 31. The evidence of P.Ws.6 & 7 are sought to assailed on the ground that they are interested witnesses. Insofar as P.W.6 is concerned, she has clearly stated that the deceased was standing at the entrance of her house and the accused was standing just in front of the deceased. During cross examination she has further stated that the deceased was scolding the accused. Nothing has been suggested to P.W.6 as to why her evidence should not be disbelieved. Though it is now argued by the learned counsel for the accused that she was an interested witness, nothing of that sort was suggested to her during cross examination. Thus, I find no reason to reject the evidence of P.W.6. 32. Coming to the evidence of P.W.7, he claims that he is a cultivating tenant under P.W.1. He would further claim that he came to the house of P.W.1 one day prior to the death of the deceased to meet P.W.1 in connection with payment of rent. When he reached the house of P.W.1 at 4.30 p.m. the house was found closed. When he rang the calling bell, the accused came to the entrance of the house. When he enquired him about P.W.1, he was told that P.W.1 had gone to Aachankuttapatti Village. The evidence of this witness would go to show that the accused was at the house of P.W.1 at the crucial point of time. When he rang the calling bell, the accused came to the entrance of the house. When he enquired him about P.W.1, he was told that P.W.1 had gone to Aachankuttapatti Village. The evidence of this witness would go to show that the accused was at the house of P.W.1 at the crucial point of time. Though it is now argued by the learned counsel for the accused that he is an interested witness, nothing has been suggested to P.W.7 bringing on record the interest which he had. Though P.Ws. 6 & 7 have been cross examined at length, nothing could be elicited so as to discredit their evidences. Thus, the evidences P.Ws. 6 & 7 deserve acceptance. 33. According to the evidence of P.W.7, when the accused came to the entrance of the house from inside, he was wearing only lungi and he was otherwise bare bodied. This corroborates the Death Note (Ex.P.2) to some extent as well as the oral dying declarations made by the deceased to P.Ws.1 and P.W.14. 34. At this juncture, the plea of the accused also needs to be considered. According to the accused, he did not take P.W.1 to her parents house and he was not available at the house of P.W.1 at the crucial point of time. But, this version cannot be accepted, in view of the very cogent and acceptable evidences, which I have already referred to above. Thus, from the evidences of prosecution witnesses, the oral dying declarations made by the deceased to P.Ws.1 and 14 and written dying declaration Ex.P.2, the presence of seminal stains on the bed sheet and frock and the presence of the accused at the crucial point of time, would all clinchingly establish that the accused had created an opportunity to have the deceased alone at the house of P.W.1 and using the loneliness of the deceased, he had made some sexual assault on her. But, he has taken a false plea. 35. Now, let me take up the audio cassette [Ex.W.2] containing the recorded conversations between P.W.1 and the accused on few occasions after the death of the deceased. As I have already stated, Ex.W.2 was not either produced to the Investigating Officer or recovered by him during the course of investigation. But, he has taken a false plea. 35. Now, let me take up the audio cassette [Ex.W.2] containing the recorded conversations between P.W.1 and the accused on few occasions after the death of the deceased. As I have already stated, Ex.W.2 was not either produced to the Investigating Officer or recovered by him during the course of investigation. P.W.1 has not at all brought to the notice of the investigating officer about the conversations between her and the accused and the audio cassette. Even while P.W.1 was under examination at the first instance, she did not even make a mention about the conversation and the audio cassette. Admittedly, after the entire evidence of prosecution was completed and after the accused was also questioned under Section 313 of the Code of Criminal Procedure, the Public Prosecutor filed a petition to recall P.W.1 and the same was allowed and thereafter, she was further examined, during which, the audio cassette was proved in evidence. A reading of the judgement of the trial court would go to show that before exhibiting the said audio cassette, it was played in open Court in the presence of the accused, his counsel and the Public Prosecutor. The contents of the audio cassette were heard by the learned trial Judge and others. Along with that, a transcribed version of the conversation was also produced. After having confirmed the voices in the audio cassette and the genuineness of the same, the learned trial Judge allowed the said audio cassette to be exhibited in evidence. 36. At the outset, a doubt arose as to whether the audio cassette containing the recorded conversation between parties is a document as defined in Section 3 of the Evidence Act or is it a material object. It is needless to point out that there is a world of difference between a document and material object. 37. The term "document" has been defined in Section 3 of the Evidence Act, 1872 as follows:- “Document” ( “Document” means matter expressed or described upon any substance by means of letters, figures or marks, or by more than one of those means, intended to be used or which may be used for the purpose of recording that matter. 37. The term "document" has been defined in Section 3 of the Evidence Act, 1872 as follows:- “Document” ( “Document” means matter expressed or described upon any substance by means of letters, figures or marks, or by more than one of those means, intended to be used or which may be used for the purpose of recording that matter. Illustration A writing is a document; Words printed, lithographed or photographed are documents; A map or plan is a document; An inscription on a metal plate or stone is a document; A caricature is a document. 38. At the first blush, the said definition would give an initial impression that since the contents of the audio cassette cannot be read, it will not fall within the definition of the term "document". But, this issue is no more res-integra, in view of the judgment of the Honble Supreme Court in Ziyauddin Burhanuddin Bukhari v. Brijmohan Ramdoss Mehra and others (1976) 2 SCC 17 wherein the Honble Supreme Court in paragraphs 19, 20 and 21 has held that it is a document falling within the definition of the term as found in Section 3 of the Evidence Act which reads thus:- "19. We think that the High Court was right in holding that the tape-records of speeches were "documents", as defined by Section 3 of the Evidence Act, which stood on no different footing than photographs, and that they were admissible in evidence on satisfying the following conditions: (a) The voice of the person alleged to be speaking must be duly identified by the maker of the record or by others who know it. (b) Accuracy of what was actually recorded had to be proved by the maker of the record and satisfactory evidence, direct or circumstantial, had to be there so as to rule out possibilities of tampering with the record. (c) The subject-matter recorded had to be shown to be relevant according to rules of relevancy found in the Evidence Act. These requirements were deduced by the High Court from R. v. Maqsud Ali [1965] 2 All ER 464. 20. The High Court had also relied on Yusufalli Esmail Nagree v. State of Maharashtra, (1968) 70 Bom LR 76, to hold that a contemporaneous tape-record of a relevant conversation or speech would be part of res gestae. These requirements were deduced by the High Court from R. v. Maqsud Ali [1965] 2 All ER 464. 20. The High Court had also relied on Yusufalli Esmail Nagree v. State of Maharashtra, (1968) 70 Bom LR 76, to hold that a contemporaneous tape-record of a relevant conversation or speech would be part of res gestae. In this case, this court while laying down requirements of admissibility of tape-records as evidence, also pointed out that the case with which the recording on a tape could be erased by subsequent recording, so that insertions could be superimposed, made it necessary to receive such evidence with caution, and it said that the Court should be satisfied, beyond reasonable doubt, that the record had not been tampered with. 21. The High Court also referred to N.Sri Rama Reddy v. V.V.Giri, (1970) 2 SCC 340 , for the proposition that, like any document, the tape-record itself was "primary and direct evidence admissible of what has been said and picked up by the receiver". In other words, its use was not confined to purposes of corroboration and contradiction only, but, when duly proved by satisfactory evidence of what was found recorded and of absence of tampering, it could, subject to the provisions of the Evidence Act, be used as substantive evidence. Thus, when it was disputed or in issue whether a persons speech, on a particular occasion, contained a particular statement there could be no more direct or better evidence of it than its tape-record, assuming its authenticity to be duly established. 39. The immediate next question is as to whether the said recorded audio cassette is admissible in evidence. On this question also, there can be no second opinion since the law has been well settled by the Honble Supreme Court in a catena of decisions. In Rama Reddy v. V.V.Giri [ AIR 1971 SC 1162 ], after making a survey of various provisions of the Evidence Act, the Honble Supreme Court has ultimately held as follows:- "From the above decision it is apparent that the tape itself is primary and direct evidence admissible as to what has been said and picked up by the recorder" The said judgment followed the earlier judgments in S.Pratap Singh v. State of Punjab [ AIR 1964 SC 72 ] and Yusufalli v. State of Maharashtra [ AIR 1968 SC 147 ] 40. The next question is as to what purpose, the audio cassette can be used. It is argued by the learned senior counsel for the accused that the said audio cassette containing the conversation between the two persons can be used either to corroborate or to contradict the makers of the said statements, which are contained in the audio cassette. To put it otherwise, the learned senior counsels contention is that the audio cassette cannot be treated as substantive evidence. But, I am not able to persuade myself to agree with the said argument. Since it has been held by the Honble Supreme Court in all the above three judgments cited supra that the tape is a document which is a primary evidence under Section 61 of the Evidence Act, the contents of the tape can be proved either by primary or by secondary evidence. Section 61 of the Evidence Act, 1872 reads as follows:- 61. Proof of contents of documents. The contents of documents may be proved either by primary or by secondary evidence. 41. Under Section 64 of the Evidence Act, the documents must be proved by primary evidence except in the cases mentioned in Section 65 of the Evidence Act. Here, in this case, when the audio cassette itself is available, the same being primary evidence, the contents of the same can be proved only by production of the said audio cassette. Therefore, I hold that the contents can be taken for consideration by playing the tape and after ascertaining its contents. 42. Admittedly, in the case on hand, the conversations recorded in the tape contains two voices, one is female and the other is male. P.W.1 has identified the female voice as that of hers and the male voice as that of the accused. This has not been disputed during cross examination of P.W.1 by the defence. Therefore, as of now, there is no controversy at all that the male voice belongs to the accused and the female voice belongs to P.W.1. 43. Insofar as the utterances of P.W.1 are concerned, since it is her former statement, there can be no doubt that it can be used either for contradicting her under Section 145 of the Evidence Act or corroborating her evidence under Section 157 of the Evidence Act. Thus, so far as the utterances made by P.W.1 are concerned, it cannot be treated as substantive evidence. Thus, so far as the utterances made by P.W.1 are concerned, it cannot be treated as substantive evidence. To this extent, the argument of the learned senior counsel deserves acceptance. 44. Insofar as the male voice is concerned, since the accused has not gone to the box as a witness, the question of using the audio cassette either to corroborate his evidence or to contradict him does not arise. If there are admissions of facts, which are relevant to the facts in issue in the instant case, certainly, those parts of the statement of the accused contained in the audio cassette are admissible as admissions as contemplated in the Evidence Act. Similarly, if any part of the statement of the accused contained in the audio cassette amounts to confession, here also, there can be no impediment to admit the same as substantive evidence in terms of Section 24 of the Evidence Act. Therefore, so far as the utterances of the accused recorded in the audio cassette are concerned, the argument of the learned senior counsel for the accused that it cannot be used as substantive evidence deserves only to be rejected. In my considered opinion, it is substantive evidence. 45. The Honble Supreme Court in Yusufallis case cited supra has categorically held that it is primary evidence. The learned senior counsel for the accused would submit that even assuming that the audio cassette is admissible as primary evidence, it can be admitted only in the event that certain conditions are satisfied. In this regard, we may refer to the judgment of the Honble Supreme Court in Ram Singh v. Col. Ram Sing [AIR 1986SC 3] wherein Fazal Ali, J. For the majority laid down specific guidelines regarding the admissibility of a tapes containing the conversation as follows :- (1) The voice of speaker must be duly identified by the maker of the record or by others who recognise his voice. In other words, it manifestly follows as a logical corollary that the first condition for the admissibility of such a statement is to identify the voice of the speaker. Where the voice has been denied by the maker it will require very strict proof to determine whether or not it was really the voice of the speaker. In other words, it manifestly follows as a logical corollary that the first condition for the admissibility of such a statement is to identify the voice of the speaker. Where the voice has been denied by the maker it will require very strict proof to determine whether or not it was really the voice of the speaker. (2) The accuracy of the tape recorded statement has to be proved by the maker of the record by satisfactory evidence direct or circumstantial. (3) Every possibility of tampering with or erasure of a part of a tape recorded statement must be ruled out otherwise it may render the said statement out of context and therefore, inadmissible. (4) The statement must be relevant according to the rules of Evidence Act.(5) The recorded cassette must be carefully sealed and kept in safe or official custody. (5) The voice of the speaker should be clearly audible and not lost or distorted by other sounds or disturbances. 46. Regarding the above legal position, there can be no doubt. Even subsequently, in several judgements, these guidelines have been followed by the Honble Supreme Court. 47. Let me now decide whether the above conditions have been satisfied in the instant case. Insofar as the first condition is concerned, it deals with identification of the voice. In the instant case, P.W.1 has identified the female voice as that of hers and the male voice as that of the accused. A close scrutiny of the cross examination of P.W.1 by the defence would go to show that this evidence of P.W.1 has not at all been disputed. Therefore, the question of further proving the identity of the voice does not arise as the identify of the voice is no more in dispute. 48. The next condition is regarding accuracy of the audio cassette recorded statement. Here again, I have to state that if only the accuracy is disputed, then, it will be necessary to expect proof of accuracy of the audio cassette recorded statement. P.W.1 has stated that the entire conversation was recorded by her. There is no dispute regarding the accuracy of the said audio cassette recorded statement. When the accused himself has not disputed the accuracy, the question of calling for proof of accuracy does not at all arise. 49. The next condition is regarding the possibility of tampering. P.W.1 has stated that the entire conversation was recorded by her. There is no dispute regarding the accuracy of the said audio cassette recorded statement. When the accused himself has not disputed the accuracy, the question of calling for proof of accuracy does not at all arise. 49. The next condition is regarding the possibility of tampering. Of course, it is true, that using scientific devices, the contents of the audio cassette recorded statement can either be tampered with or even by means of mimicry, something could be added to the statement. Of course, it is absolutely necessary for the prosecution to rule out tampering or editing of a part of the recorded conversation. This condition would be required to be satisfied by the prosecution, if only it is at least suggested, that the audio cassette has been tampered with. When the contents of the audio cassette were made known to the accused by playing the cassette in open Court and when P.W.1 was subsequently cross examined by the accused, he has not raised a single dispute regarding the possibility of tampering, etc,. Since the accused himself has not disputed the genuineness of the audio cassette recorded statement, it cannot be said that it has been tampered with. Regarding the other conditions, namely, 4, 5 and 6 also there is no dispute. 50. The core contention of the learned senior counsel for the appellant is that if only P.W.1 has spoken to about the contents of the audio cassette, the same could be used for any purpose. He would submit that as held in Yusufallis case cited supra, the dialogue recorded in the cassette should be spoken to by the witness and then only the cassette can be used to corroborate her evidence. Regarding this, as I have already concluded, if the contents of the audio cassette are that of a witness, the argument advanced by the learned senior counsel for the accused would deserve to be accepted. But, if the contents of the audio cassette are the record of the statement made by the accused, to that extent, it is admissible either as admission or as confession. 51. Applying all the above discussed legal as well as the factual positions, now, it is to be seen as to whether the utterances of the accused recorded in the audio cassette in the instant case are relevant. 51. Applying all the above discussed legal as well as the factual positions, now, it is to be seen as to whether the utterances of the accused recorded in the audio cassette in the instant case are relevant. As I have already stated, either it should be an admission of facts or a confession so as to be admitted in evidence. But, a close scrutiny of the contents of the audio cassette would go to show that neither the accused has admitted any relevant fact nor confessed to his guilt. It is a very long conversation which was recorded on 4 - 5 occasions by P.W.1. It only shows that P.W.1 and the accused were very close to each other. So, it can be used only to prove the closeness of the accused and P.W.1 with each other and, therefore, it is admissible for the said limited purpose as contemplated in Section 8 of the Evidence Act. In conclusion, I have to hold that Ex.W.2 is a document, which is admissible in evidence for the limited purpose of proving only the close contact between the accused and P.W.1 and none else. 52. The learned senior counsel appearing for the accused would submit that since the contents of Ex.W.2 were not put to the accused under Section 313 of Cr.P.C. the same cannot be used against him. I fully agree with the said legal position. If the utterances made by the accused and recorded in the audio cassette are found to be incriminating against the accused, the same should be put to him under Section 313 of Cr.P.C. and then only it can be made use of against him. Though it may be true that the audio cassette was played in the presence of the accused in open Court, that will not satisfy the requirements of Section 313 of Cr.P.C. Playing the audio cassette in open Court is just like that of recording the oral evidence of a witness in open Court. In the instant case, the dialogue between the accused and P.W.1 cannot be used against the accused as I have not found anything incriminating in it against him, except to the extent that it will help the prosecution to establish the close intimacy between the accused and P.W.1. In the instant case, the dialogue between the accused and P.W.1 cannot be used against the accused as I have not found anything incriminating in it against him, except to the extent that it will help the prosecution to establish the close intimacy between the accused and P.W.1. To that extent, the accused has been duly questioned under Section 313 of Cr.P.C. Therefore, I hold that Ex.W.2 is an additional piece of evidence to prove only the close intimacy between the accused and P.W.1 and not for any other purpose. 53. Now coming to Ex.Ws.3 & 4 along with negatives, they show that the accused and P.W.1 were in very close position showing their intimacy. According to the defence, these photographs were taken by P.W.1 with the help of her daughter. The persons in the photographs are only the accused and P.W.1. This fact has not been disputed. It is also suggested to P.W.1 that if the entire film roll containing the other photographs is exhibited, it would further show that the accused and P.W.1 were engaged in sexual activities. These photographs, which were not all disputed by the accused, as I have already stated, would undoubtedly establish the intimacy between the accused and P.W.1. But, the accused in his defence has stated that he used to visit the house of P.W.1 on few occasions only to demand the dues from P.W.1 on account of construction of the new house by P.W.1. He has taken a specific plea that he did not have any such illicit intimacy with P.W.1 at all. The evidence of P.W.1, P.W.11 and P.W.14 and the photographs would clearly establish that the accused had illicit intimacy with P.W.1. It should also be noted that during cross examination of P.W.1, it has been elicited from her that the accused used to have sexual intercourse with her in the main hall of the house and not in the bed-room. On the contrary, the accused has taken a false plea that he never had any intimacy with P.W.1; He did not visit the house of P.W.1 on 15.06.1997; he did not take P.W.1 alone to the house of P.W.11; he did not return and stayed back at the house of P.W.1; and he did not take the deceased to the house of P.W.11 in the evening of 15.06.1997. Thus, the false plea taken by the accused is yet another circumstance which would certainly add strength to the case of the prosecution. 54. Whether such act of the accused would satisfy the requirements of Section 107 of IPC so as to bring the offence within the ambit of Section 306 of IPC needs to be considered. In this regard, I do not propose to refer to a number of judgments of the Honble Supreme Court as the same would only add to the length of this judgment. In my considered opinion, it is suffice to refer to a recent judgment of the Honble Supreme Court in Gangula Mohan Reddy v. State of Andhra Pradesh, (2010) 1 SCC (Cri) 917, wherein the Honble Supreme Court, after having a survey of various other previous judgments, has ultimately concluded in paragraphs 16 and 17 as follows:- 16. This Court in Chitresh Kumar Chopra v. State [Government of NCT of Delhi] (2009) 16 SCC 605 , had an occasion to deal with this aspect of abetment. The Court dealt with the dictionary meaning of the words "instigation" and "goading". The Court opined that there should be intention to provoke, incite or encourage the doing of an act by the latter. Each persons suicidability pattern is different from other. Each person has his own idea of self-esteem and self-respect. Therefore, it is impossible to lay down any straitjacket formula in dealing with such cases. Each case has to be decided on the basis of its own facts and circumstances. 17. Abetment involves a mental process of instigating a person or intentionally aiding a person in doing of a thing. Without a positive act on the part of the accused to instigate or aid in committing suicide, conviction cannot be sustained. The intention of the legislature and the ratio of the cases decided by this Court is clear that in order to convict a person under Section 306 IPC there has to be a clear mens rea to commit the offence. It also requires an active act or direct act which led the deceased to commit suicide seeing no option and this act must have been intended to push the deceased into such a position that he committed suicide. 55. It also requires an active act or direct act which led the deceased to commit suicide seeing no option and this act must have been intended to push the deceased into such a position that he committed suicide. 55. Applying the above culled out principles, if the facts of the present case are analysed, I am sure, the offence committed by the accused would squarely fall within the ambit of Section 306 of IPC. Admittedly, the deceased was an young girl in her teens. The accused would have had knowledge that any sexual assault made on the deceased would surely depress her leaving no option except to commit suicide. Had this kind of sexual assault been made on any other adult woman, she would not have been as sensitive as the deceased was. Having regard to all the above, more particularly, the age of the deceased and the heinous nature of the sexual harm caused to her by the accused, I am of the view that the act of the accused alone had driven her to commit suicide and so, he is liable to be punished under Section 306 of IPC. 56. Insofar as the offence under Section 328 of IPC is concerned, the viscera report would show that there was neither poison nor any other intoxicating drug detected in any of the visceral contents. In Ex.P.2 -Death Note, the deceased had not stated anything about administration of poisonous substance or intoxicating drug to her by the accused along with milk. In the oral dying declarations made by the deceased to P.Ws.1 and 14 also, the deceased has only stated that the accused gave milk and thereafter he went for sleep. The said oral dying declarations will not prove that the accused administered intoxicating drug or any poisonous substance to the deceased. The medical evidence completely rules out the administration of poisonous substance or any other intoxicating drug. Therefore, the accused is entitled for acquittal under Charge No.3 for offence under Section 328 of IPC. 57. As I have already stated, insofar as the charge No.2 for offence under Section 306 of IPC is concerned, the finding of the trial Court is perverse inasmuch as the trial Court has failed to consider the above circumstances which have been proved by the prosecution beyond any reasonable doubt. 57. As I have already stated, insofar as the charge No.2 for offence under Section 306 of IPC is concerned, the finding of the trial Court is perverse inasmuch as the trial Court has failed to consider the above circumstances which have been proved by the prosecution beyond any reasonable doubt. A reading of the judgment of the trial Court would go to show that the trial Court has rejected the evidences of P.Ws.1 , 11 and 14 mainly on the ground of delay in disclosure of the oral dying declarations made to them by the deceased and also the written death note (Ex.P.2) left by the deceased. The trial Court has failed to consider the explanations offered by these witnesses as to why such delay had occurred. To this extent, the rejection of the evidences of P.Ws.1, 11 and 14 and the other witnesses, by the trial court, is perverse. Thus, a reappraisal of the entire evidence on record leads this court to the irresistible conclusion that the accused is liable to be convicted Under Section 306 of IPC and the contrary view taken by the trial court needs to be interfered with. 58. For the foregoing reasons, the judgment of the trial Court acquitting the accused under Charge No.1 for offence U/s.376 of IPC and Charge No.3 for offence under Section 328 of IPC is confirmed and the acquittal of the accused from the charge No.2 for offence under Section 306 of IPC is set aside and he is convicted under Section 306 of IPC. In the result, the criminal appeal and the criminal revision are partly allowed to the extent indicated above. 59. The accused is directed to appear before this Court on 09.04.2004 for the purpose of hearing him on the question of sentence. The Appellant/Accused is present before this Court today. He is questioned in respect of sentence. He states that he has suffered multiple fracture in his right heel for which he has undergone a major surgery at R.K.Hospital, Salem. He is an acute diabetics and also suffering from high blood pressure. He further states that he cannot walk and even sit. Even to attend the Court he had to take the assistance from some body. He has produced all the medical records. 2. He is an acute diabetics and also suffering from high blood pressure. He further states that he cannot walk and even sit. Even to attend the Court he had to take the assistance from some body. He has produced all the medical records. 2. The Appellant/Accused further states that his father is aged 85 years and mother is aged 80 years and they are also suffering from bad health. He only looks after the aged parents. His father has been recently hospitalized. He has got a son and he is studying in College. The Appellant/Accused further states that if he is sent to prison at this stage, his health condition would further deteriorate. It may even prove fatal. He further adds that he is prepared to pay compensation. Now, he is not doing any contract business and he has got no other income. He was in jail during the period of trial for about 35 days. The Appellant/Accused would pray for leniency in the matter of sentence. 3. The learned counsel for the appellant/accused reiterated the same. He would also submit that in the event the petitioner is imprisoned, it may even prove fatal. Therefore, he would pray for leniency in the matter of sentence. 4. The learned Government Advocate (Criminal Side) does not dispute the above factual aspects. More particularly, he does not dispute the fact that the appellant/accused is maintaining very bad health. 5. I have considered all the above. From the materials placed before me, I am able to see that the petitioner has suffered multiple fracture and he is still undergoing treatment and he has undergone a major surgery. Apart from that even today, I am able to see that the appellant/accused was not able to walk and as matter of fact, he was assisted by some body when he moved into the Court. The very appearance of the appellant/accused would go to show that he is maintaining very bad health. 6. Having regard to his condition, the age of the parents of the appellant/accused, the fact that he is only looking after them and the other circumstances and the gravity of the offence , etc., I am of the view that in the matter of sentence some leniency may be shown to the appellant/accused. 6. Having regard to his condition, the age of the parents of the appellant/accused, the fact that he is only looking after them and the other circumstances and the gravity of the offence , etc., I am of the view that in the matter of sentence some leniency may be shown to the appellant/accused. At the same time, I am inclined to impose a heavy fine of Rs.1,00,000/- and out of the said fine, this Court intended to pay the same as compensation to the revision petitioner/de-facto complainant. But, the learned counsel appearing for the revision petitioner on instructions from the de facto complainant would submit that she does not want any compensation. The said statement is recorded. 7. In view of all the above, for the offence under Section 306 of IPC, the appellant/accused is directed to undergo rigorous imprisonment for two months and to pay a fine of Rs.1,00,000/- in default to undergo simple imprisonment for four weeks. The appellant/accused shall be kept in Central Prison, Puzhal, Chennai. The period of sentence already undergone by the appellant/accused is ordered to be set off under Section 428 of the Code of Criminal Procedure.