IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE B.KEMAL PASHA TUESDAY, THE 17TH DAY OF DECEMBER 2013/26TH AGRAHAYANA, 1935 Death Sentence Ref..No. 3 of 2011 -------------------------------------- AGAINST THE JUDGMENT IN SC NO.345/2011 OF ADDITIONAL DISTRICT AND SESSIONS COURT (FAST TRACK I), THRISSUR DATED 11/11/2011 .... APPELLANT/PETITIONER: --------------------------------------- THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SPECIAL PUBLIC PROSECUTOR SRI.A.SURESAN RESPONDENT: ---------------------- GOVINDASWAMY, S/O.ARUMUGHAM, RESIDING AT AIVATHAKUDI, SAMATHWAPURAM, ERNAJI PO, VIRUDHAJALAM, KADALOOR DISTRICT, TAMIL NADU. BY ADVS. SRI.B.A.ALOOR SRI.P.A.SIVARAJAN SRI.E.SHANOJ CHANDRAN SRI.P.C.GEORGEKUTTY SRI.K.I.TOGI THIS DEATH SENTENCE REFERENCE HAVING BEEN FINALLY HEARD ON 04/11/2013 ALONG WITH CRMC.NO.125/2012 AND CRA.NO.149/2012,THE COURT ON 17/12/2013 PASSED THE FOLLOWING:

T.R. RAMACHANDRAN NAIR & B. KEMAL PASHA, JJ. -------------------------------------------------------------- D.S.R. No. 3 of 2011, Crl. Appeal No.149 of 2012, & Crl. M.C. No.125 of 2012 -------------------------------------------------------------- Dated this the 17th day of December, 2013. C O M M O N J U D G M E N T Kemal Pasha, J. Facts are stranger than fiction! Gone are the days of men rising to the occasion as heroes or warriors to save fellow human beings from danger! The lethargic lukewarm attitude, the insensitivity to respond, and selfishness to be non-responsive from the part of the fellow passengers of a running train to extend a helping hand, to lift a girl from danger, has resulted in a grave tragedy as the one in this case! How cruel is the attitude -: 2 :- of a section of the community, who even dissuade willing persons to respond to such cries for help? It is all the more tragic and pitiable to note the lukewarm attitude of the Indian Railways towards the safety and security of women passengers!

2. The factual matrix depicts severe sexual assault, robbery, and murder of a poor girl of 23, who had to travel by the ladies compartment of a passenger train, with the sweet dreams of her proposed marriage alliance. The girl, who wanted to have a safe journey, unfortunately opted for the ladies compartment, which ultimately turned out to be her graveyard. The girl became lonely for her continued journey to the destination for just about 10 minutes, became virtually trapped in it. A dare criminal, who is a monstrous creature in the form of a sex perverted assailant, barged in to the compartment, and pounced upon her in order to satisfy his lust and also for robbery. She was attacked, overpowered, assaulted, and the dangs dived! 3. As per the directives of the Apex Court, in all rape trials, -: 3 :-

anonymity of the victim must be maintained as far as necessary. Therefore, we refer the victim girl in this case as 'the deceased' or 'deceased girl' or 'the girl' or 'the victim', in accordance with the context.

4. Deceased girl, aged 23, hailing from a poor family at

Shornur got a small job at an institution named `Homestyle Interiors (Pvt) Ltd.' functioning at the Oberon Mall, Edappally, Ernakulam. She and her family consisting of her younger brother and their mother were eking their livelihood from the monthly salary of 6000/- being earned by her. Once in a while, during holidays, she used to go to her house at Shornur by the Ernakulam - Shornur passenger train, which leaves Ernakulam by 5.30 p.m. 5. During the course of her employment, she got acquainted with PW76, a 24-year-old young man employed at Ernakulam, who is the friend of some of her co-workers. They liked each other and he proposed her. Both the families also concurred to have such an alliance and thereby they decided to conduct a ceremony for fixing their betrothal at the house of the deceased on 2.2.2011. PW76 along with his family members were scheduled to visit the house on that day, and therefore, the presence of the deceased was also required there. 6. The deceased bordered the ladies division in the last compartment of the Ernakulam-Shornur Passenger Train, which started at 5.30 p.m. on 1.2.2011, to Shornur, with Ext.P25 ticket, from the Ernakulam Town North Railway Station. PW3 Rejula, her daughter, her mother and her granddaughter were also

present in that ladies division along with the deceased. The

deceased got friendly with them within a short time. When the train reached Thrissur, most of the passengers in that ladies division got down. Another lady also who was present in that ladies division got down when the train reached Wadakkanchery. There, PW3 got down at the platform, purchased milk for the child from the Milma booth there, and got back to the compartment. At that time, she could notice the hungry look

stared at her by the accused, who was standing outside the compartment and by peeping through the window. When the train reached Mulloorkara, PW3 and her family also got down there. As there was nobody else in the ladies division of that compartment, the deceased also got down along with them and hurriedly made an entry into the ladies coach attached just in front of that last compartment. The train reached Vallathol Nagar Railway Station, where it lay idle for some time.

7. The prosecution case is that the accused who is a habitual offender, could notice that the deceased was left alone in the compartment. When the train left Vallathol Nagar Railway Station, and moved towards Shornur, the accused swiftly hoisted into that ladies compartment, and rushed to the victim. The screaming victim frantically ran here and there in a fury in the limited space available in the compartment, in order to escape from the clutches of the accused. She resisted and resisted

hard. She was caught and her head was forcibly hit repeatedly on the walls of the compartment. On sustaining fatal injuries, she became dazed and practically immobilized. Her loud cries and screams died down in the compartment as wild cries. She was dropped from the running train down to the track. The side of her face forcibly hit on the crossover of the railway line.

8. The accused, who is experienced in that way of doing things, jumped down from the running train on the other side, rushed to her, and lifted her to a shady safe place at the side of the track. He hurriedly tore away and removed her dress, and raped the poor girl whose face was with full of blood, oozing out from the injuries on her head and face. He acted as a necrophile. After satisfying his lust, the accused ransacked her belongings, searched for the valuables in her bag, and robbed her mobile phone which was the only valuable material with that poor girl, and decamped with the booty, by leaving the victim in nudity, in supine position.

9. PW4 and PW40, who were two male passengers of the train travelling by the general compartment attached in front of that ladies compartment wherein the deceased was travelling, heard the cries of the deceased. Even though PW4 wanted to pull the alarm chain to stop the train, he was dissuaded by a middle-aged man who was standing at the door at the right rear side of that compartment by stating that the girl had jumped out and escaped, and further by warning that he should not drag others unnecessarily to court. PW4 and PW40 could notice the accused coming to the front left door of that ladies coach, and by holding on the side bar of the compartment getting down to the lower step by taking a leaning position forward to jump out of the train which was then moving in a slow speed, just about 15 km/h. Even though PW4 questioned the acts of the accused, he jumped down, safely landed on his feet and right palm, swiftly sprang up, and took his way back through the side of the track, towards the direction from which the train came. 10. Within a short span of 10 minutes, the train reached Shornur. Immediately PW4 and PW40 rushed to PW34 guard of the train and complained about the incident, which triggered in the search of the track by some young men of the locality, and PW19 Gang-man of the Vallathol Nagar Railway Station. Some

of the young men who came for search could see the accused coming from the railway track to the Kalamandalam Bus Stop. The accused was seen panting. The accused attempted to hire an autorickshaw, as if he wanted to go to Shornur or Thrissur. Even though they suspected the accused as a person who fell down from the train, they let him go on noticing that his left palm was amputated, and thought him to be a person engaged in begging in trains.

11. Thereafter, all of them engaged in a search at the railway track, and ultimately, by about 9.30 p.m., the distorted and mutilated body of the deceased which was in almost naked state could be traced out from the side of the railway track wherein she was subjected to rape. The deceased was seen fighting for her life and was seen moving her right hand and right leg. Blood was seen oozing out from the injuries on her face and head. There was difficulty to breathe and the breathing produced a peculiar sound on account of the obstructions on the airway as blood aspirated into it. By that time, the left side of her body had become paralytic.

12. PW19 took the deceased to the Shornur-Thrissur road, from where the deceased was taken to the Taluk Hospital, Wadakkanchery by the police jeep which came in pilot duty to

the Minister, who was proceeding to Shornur. PW62 Junior Medical Consultant on duty at the Taluk Hospital, Wadakkanchery, who examined the deceased by about 10.30 p.m. realised that she was critically ill and was very serious, and she was immediately referred to the Medical College Hospital, Thrissur. She was taken to the casualty of the Medical College Hospital, Thrissur, by the very same jeep. Several medical experts attended her. Gynaec consultation was also done.

13. On the basis of Ext.P8 First Information Statement furnished by her brother PW6 at 2.30 a.m. on 2.2.2011, PW46 ASI of police, Cheruthuruthy Police Station registered Crime No.41/2011 of the Cheruthuruthy Police Station U/Ss. 307 and 376 IPC, through Ext.P40 F.I.R, at 3.30 a.m. On 2.2.2011 at 4 a.m, PW81 C.I. of Police, Chelakkara, took over the investigation.

14. Surgical operations were done on her, and all sorts of possible medical assistance and supports were given to the deceased. Even after that, her condition never improved, and she continued in the ventilator in very critical condition. By

6.2.2011, her condition became very bad and peripheral pulses were not felt. In the last consultation by PW79 Neurosurgeon at 2.30 p.m. on 6.2.2011, ECG was found to be flat line, BP was not recordable, and cardiac sounds were not heard. Finally, her ordeals were over, when her death was declared at 3 p.m. on that day.

15. PW81 along with CW137 H.C., CW136 H.C. and PW73 W.P.C. reached the Shornur Railway Station at 4 a.m. on 2.2.2011 itself and examined the ladies compartment No.08495 of Ernakulam - Shornur Passenger Train in which the deceased had travelled on the date of incident. From the floor, beneath the wash basin near to the front door of the bogie, MO19 series pieces of hair clip, MO23 steel coloured ring of a key chain, MO24 glass type transparent bead, MO31 plastic button having yellow colour on one side, and MO30 violet coloured button broken into three pieces, having with writings as 'double', one of which contained thread also, were found, and the same were seized through Ext.P37 mahazar.

16. PW52 collected the materials lying scattered at the place where the deceased was found lying at the railway track, and he kept it in safe custody. On 2.2.2011 at 8 a.m., PW52 produced all the said 21 items which are MO2, MO7 to MO13 series, MO16, MO21, MO22, MO25 series, MO26, a puppet, two artificial ear studs, MO34 to 38 and Ext.P25 ticket of the deceased, at the Cheruthuruthy Police Station, before PW81,

which according to his direction, were seized by PW46 through Ext.P31 mahazar.

17. On getting the report regarding the death of the

deceased at 3 p.m. on 6.2.2011, PW81 reached the Medical College Hospital, Thrissur, conducted the inquest, and prepared Ext.P36 Inquest Report. He gave requisition for the postmortem examination.

18. On 7.2.2011, PW64 Professor and Head of the Department of Forensic Medicine, Medical College, Thrissur conducted the postmortem examination on the body of the deceased, with the assistance of five other doctors namely Dr.A.K.Unmesh (DW1), Dr.P.S.Sanjay (CW119), Dr.Rajendra Prasad.V.K (CW120), Dr.Anad.T.P. (CW121) and Dr.Shahida M.V. (CW122), and thereafter PW64 issued Ext.P69 postmortem certificate. PW64 produced the nail clippings and pubic hair samples, which PW81 seized through Ext.P74 mahazar 19. PW63 Dy.S.P, in Palakkad Railway, got a message during the dawn of 2.2.2011 for enquiring about a Tamil speaking one handed man, who is the suspect in Crime No.41/11 of the Cheruthuruthy Police Station. On the basis of such message, while he along with the police party was in search of such a person, they could see the accused, who is a person corresponding to the descriptions received, in suspicious circumstances in front of the bus stand situated in front of the Palakkad Railway Station, by about 11 p.m. He was seen dressed in MO5 lungi and MO6 shirt. Bloodstain was seen at

the chest portion of MO6 shirt. Buttons of the shirt were seen detached and lost. From his conduct and words, PW63 developed a strong suspicion about his involvement in the crime. He took him into custody and produced him at the Cheruthuruthy Police Station at 1 a.m. on 3.2.2011, and handed over him to PW81, for further investigation. 20. Major part of the investigation was conducted by PW81, which followed the investigation by PW82. PW82 completed the investigation, and filed the final Report before the Judicial First Class Magistrate's Court, Wadakkanchery, where it was taken on file as C.P.No.30/2011. The learned Magistrate committed the case to the Court of Session, where it was taken on file as Sessions Case No.345/2011, and the same was made over to the Additional Sessions Court (Adhoc-I), Thrissur for trial and disposal.

21. On the side of the prosecution, PWs1 to 83 were examined, Exts.P1 to P101 were marked, and MOs 1 to 43 series were identified. The prosecution and the accused were heard. As no grounds were made out to acquit the accused under Section 232 Cr.P.C, the accused was called upon to enter on his defence. On the side of the accused, DW1 was examined, and no documents were marked.

22. On reopening the evidence, DW1 was again summoned and examined as CW1, and Exts.C1, C2, and C2(a) were marked. Arguments of the Prosecution and the defence were heard. The court below found the accused guilty of the offences under Sections 376, 302, 394 r/w 397, and 447 IPC, and convicted him thereunder. On hearing on the question of sentence, PW83 Sub Inspector, Fingerprint Bureau, Chennai was summoned and examined, and Exts.P93(c), and P102 to P110 were marked. Again, arguments from both sides were heard. 23. The court below sentenced the accused to death by directing that he be hanged by the neck till he is dead, and to pay a fine of 1,00,000/-(Rupees One lakh only), in default, to undergo Simple Imprisonment for 2 (two) years under Section 302 IPC, Imprisonment for Life and to pay a fine of 1,00,000/- (Rupees one lakh only), in default, to undergo Simple Imprisonment for 2 (Two) years under Section 376 IPC, Rigorous Imprisonment for 7 (seven) years and to pay a fine of 1000/-(Rupees one thousand only), in default, to undergo Simple Imprisonment for 1 (one) month under Section 394 r/w 397 IPC, and Rigorous Imprisonment for 3 (three) months under Section 447 IPC, through the impugned judgment.

24. The learned Additional Sessions judge has placed the

entire proceedings in this case before this Court for confirmation under Section 366(1) of the Cr.P.C, and hence this Death Sentence Reference No.3 of 2011. Challenging the conviction and sentences, the accused has preferred Crl.Appeal No.149 of 2012 also.

25. DW1 Dr.A.K. Unmesh, as petitioner, has preferred Crl.M.C. No.125 of 2012 for getting the remarks and observations as against him in paragraphs 85, 86, 88, 89, and 155 in the judgment impugned in Crl.Appeal No.149 of 2012, expunged. Over and above it, the said petitioner as appellant, has preferred Crl.Appeal No.1996 of 2011 under Section 341 of the Cr.P.C, challenging order dated 31.10.2011 passed by the court below in Crl.M.C. No.1647 of 2011 in S.C.345 of 2011.

26. As the facts relating to, and the evidence in respect of D.S.R. No.3 of 2011, Crl.Appeal No.149 of 2012, and Crl.M.C. No.125 of 2012 are interconnected, we deem it appropriate to dispose of the same through this common judgment. Crl.Appeal No.1996 of 2011 filed under Section 341 of the Cr.P.C can be disposed of through a separate judgment. As there are two different appeals in connection with this case, the appellant in Crl.Appeal No.149 of 2012 has been referred to as 'the accused'

and the petitioner in Crl.M.C. No.125 of 2012, who is the appellant in Crl.Appeal No.1996 of 2011 has been referred to as 'DW1' in this common judgment.

27. Heard the learned counsel Sri.B.A. Aloor appearing for the accused in Crl.Appeal No.149 of 2012 and the learned Special Public Prosecutor Sri.A. Suresan. Heard the learned Senior Counsel Sri.T.A. Shaji appearing for the petitioner in Crl.M.C.125 of 2012 and also Sri. Kaleeswaram Raj, learned

counsel appearing for the defacto complainant in Crl.Appeal No.1996 of 2011. 28. The learned counsel for the accused in Crl.Appeal No.149/2012 has argued that the court below has totally misread the entire evidence in the case and has failed to appreciate the evidence in its correct perspective. It is also argued that an independent appreciation of the entire evidence is required to be made by this Court in this appeal, and if not, the accused would be put to substantial miscarriage of justice.

29. We are conscious of the fact that in terms of Section 366(1) of the code, "When the Court of Sessions passes a sentence of death, the proceedings shall be submitted to the High

Court, and the sentence shall not be executed unless it is

confirmed by the High Court." In Mohinder Singh v. State of Punjab [(2013) 3 SCC 294], it was held as follows: "The scope and application of the above section is only in cases where a sentence of death has been passed by the Court of Session. The Court of Session should refer the proceedings to the High Court and the High court can only deal with them as a court of reference. It is the practice of the High Court to be satisfied on the facts as well as the law of the case, that the conviction is right, before it proceeds to confirm that sentence. In other words, the High Court has to come to its own independent conclusion as to the guilt or innocence of the accused, independently of the opinion of the Sessions Judge. In a reference for confirmation of death sentence, the High Court must examine the entire evidence for itself independent of the Session Court's views. While confirming the capital sentence, the High Court is under an obligation to itself consider what sentence should be imposed and not be content with the trial court's decision on the point unless some reason is shown for reducing the same. Where, in addition to an appeal filed by an accused sentenced to death, the

High Court has to dispose of the reference for confirmation of death sentence under Section 366 of the Code, the High Court, while dealing with reference, should consider the proceedings in all its aspects and come to an independent conclusion on the material on record apart from the views expressed by the Sessions Judge. The confirmation of death sentence cannot be based only on the precedents and/or aggravating facts and circumstances of any other case."

30. In State of Tamil Nadu v. Rajendran [(1999) 8 SCC 679], a Three Judges Bench of the Apex Court held: "When a reference is made to the High Court under Section 366 of the Code of Criminal Procedure by the learned Sessions Judge on passing a sentence of death, the High Court has to satisfy itself whether a case beyond reasonable doubt has been made out against the accused for infliction of the extreme penalty of death. The proceedings before the High Court in such a case require a reappraisal and reassessment of the entire facts and law so as to come to its

independent conclusion but while so doing, the High Court cannot also totally overlook the conclusion arrived at by the learned Sessions Judge. In performing its duty, the High Court is of necessity bound to consider the merits of the case itself and has to examine the entire evidence on record."

31. Being the first appeal, and also as the matter is placed before this Court by the court below for the confirmation of the death sentence, it is trite that this Court is expected to make an independent appreciation of the entire evidence in this case. We have heard in extenso all the counsel referred to above on most of the days for the period from 5.10.2013 to 4.11.2013. Now, we are dealing with the evidence in this case in order to have a reappraisal and reassessment of the entire facts and law so as to come to an independent conclusion.

32. PW16 is a Law Graduate and MBA Degree holder, working as H.R.Manager at 'Homestyle Interiors' functioning in Oberon Mall, Edappally, Ernakulam, where the deceased was

also working. On 4.3.2011, PW82 produced before court, Ext.P100 appointment order of the deceased obtained from 'Homestyle Interiors'. Ext.P100 is appointment order dated 3.11.2010 issued by the Managing Director of 'Homestyle Interiors' functioning in Oberon Mall. It seems that she was appointed there as `Merchandiser' with effect from 10.11.2010. The evidence of PW16 and the contents of Ext.P100 clearly prove that the deceased joined that institution and worked there, till 5 p.m. on 1.2.2011.

33. PW16 lastly saw the deceased alive at 5 p.m. on 1.2.2011. She along with the deceased was residing at `S.I.Apartments', Alinchuvadu, where the accommodation was provided by the said Company, in which they were working. The Company has prescribed dress code, as cream coloured > sleeve shirt, black pants, black shoe etc. Hair has to be clipped and net has to be put on. According to PW16, as a function was scheduled to be held in connection with the

betrothal of the deceased on 2.2.2011, the deceased obtained her permission and proceeded to her house by the Ernakulam - Shornur Passenger Train. The deceased had worn a wrist watch having black coloured strap and carried a black bag, when she left the Company lastly. Thereafter, she could see the deceased at the I.C.U. of the Medical College Hospital, Thrissur, on the next day. 34. The deceased is the elder sister of PW6. According to PW6, he was working as a driver at a house at Thrissur. The deceased was working at an institution situated in Oberon Mall, at Edappally, Ernakulam. She was staying in a flat of that Company. PW18 is their mother. The deceased used to come home, by train. They are economically weak. They were pulling on by the income of the deceased. By about 2.30 p.m. on 1.2.2011, he had gone to the place of work of the deceased at Ernakulam. Then the deceased had asked him whether she could also go along with him to their house. As the family members of his employer would be there in the car, he could not accommodate the deceased, and therefore, he told her to come by the evening train. By about 7 p.m. on 1.2.2011, he had called the deceased over phone. Then she had told him that the train was about to leave Thrissur, and that there was a family also in the train.

35. According to PW6, 8089783489 was the phone number of the deceased. The said Sim card was taken in his name. On 2.11.2011 a function for fixing the betrothal of the deceased was scheduled, for which, the people from the house of the proposed bridegroom (PW76) were scheduled to visit the house of the deceased, and it was for that function, the deceased was coming to the house. 9539491343 is the mobile number of their mother PW18. Usually, the deceased used to get down at Shornur, and his friend PW36 used to pick her up from the Railway Station by his autorickshaw, to her house. Usually, the deceased used to travel by the ladies compartment. 36. PW18 is the mother of the deceased and PW6. She is illiterate. Her husband had deserted her and the children. Thereafter, by working as housemaid, she was eking her livelihood and that of the children, and educated the children. The deceased got a job at Ernakulam and was drawing a monthly salary of 6,000/-. As there was a function in connection with the betrothal of the deceased, to be held on 2.2.2011, she had called the deceased and asked her to come on 1.2.2011. Deceased started from Ernakulam by the Ernakulam - Shornur Passenger Train at 5.30 p.m. on 1.2.2011 and she had to get down at Shornur. After getting into the train, the deceased had

called her and told her that she had got into the train. After some

time, the deceased gave her a missed-call thereby, she called

back and talked for some time. When the train was about to reach Mulloorkara, the deceased had called PW18 and told her that she would call again when the train would reach near Shornur. PW18 used to go to the Railway Station by the autorickshaw of PW36, who is one of her neighbours, to fetch

the deceased. As she was not well, she had told PW36 to go and pick up the deceased from the Railway Station. PW36 is the friend of her son PW6. Even though she had attempted to contact the deceased over the phone, she could not get connected. Therefore, she called PW36. She was told that when PW36 called the deceased over the phone, he could realise that the phone of the deceased was switched off. PW36 told PW18 that he would wait at the Railway Station and would pick

up the deceased.

37. PW36 is an autorickshaw driver residing at Shornur, in the neighbourhood of the deceased. PW18 is the mother of the deceased. He used to drop the deceased at the Shornur Railway Station and also take her back to her house. On 1.2.2011, PW18 had asked him to take the deceased from the Shornur Railway Station, by stating that the deceased would be coming by the passenger train at 8.45 p.m., thereby he went to the Shornur Railway Station with his autorickshaw.

38. PW76 is an employee engaged in polishing works at an institution named 'Car & Port' at Ernakulam. He knew the deceased, who was working at 'Homestyle' at Ernakulam. A friend of the deceased, named Rafiqueth, is the friend of his elder brother Pramod. Rafiqueth was also working along with the deceased at 'Homestyle'. He had occasions to see the deceased along with Rafiqueth and Pramod and thereby he got acquaintance with the deceased. They liked each other and decided to marry. He informed the matter to PW18 and PW6, who are the mother and brother of the deceased. They also liked it. His family members also liked the alliance. He along with the members of his family, was scheduled to visit the house of the deceased by 4.30 - 5 p.m. on 2.2.2011.

39. According to PW76, on 1.2.2011, the deceased started from Ernakulam to her house at Shornur by the Ernakulam-Shornur Passenger Train at 5.30 p.m. The deceased had contacted him over the phone and told him that she was going to her house. They had contacted over phone 6 - 7 times during the said journey. Lastly, by about 8.30 p.m. she had called him and informed that the train had reached Vallathol Nagar Railway Station and told him that after 10 minutes the train would reach Shornur, and she would call him on reaching her house, as the charge of her mobile was about to run out.

40. According to PW3 Rejula, a Muslim lady aged 36, on the date of incident, in the evening she had travelled by the Ernakulam-Shornur passenger train along with her mother, daughter and her one year old granddaughter, by the ladies compartment, which was the last compartment. The deceased was also travelling by the said compartment. The deceased got into the train from the North Railway Station, Ernakulam. The deceased was sitting by her side. They talked each other. The

deceased had told her that her house is at Shornur and she was working at Ernakulam. When the train reached Thrissur, most of the passengers got down and another lady who was travelling by the said compartment also got down at Wadakkanchery. She also got down there, purchased milk from the milma booth and again boarded the compartment. At that time, she could notice the accused who was standing outside and peeping through the window of the train, into the compartment. The accused stared at her with a hungry look, and she complained about it to her mother. She identified MO5 as the lungi, and MO6 as the shirt worn by the accused.

41. According to PW3, when the train reached

Mulloorkara, she and others got down there. As the deceased became lonely in the compartment, she also got down and got into the ladies compartment just in front of the guard room. There were no other persons in that compartment also. According to her, the guard also could note down them and the deceased. She identified MO7 bag, MO8 pants, MO1 shirt, and MO9 watch worn by the deceased. Subsequently, she could identify the deceased as well as the accused, on seeing the TV news regarding the incident.

42. PW34 was a guard of the Passenger Train in Southern Railway. On 1.2.2011, he was on duty as guard in Ernakulam-Shornur Passenger Train No.56608. He signed on duty on that day at 17.05 hours. The train started at 17.40 hours from the South Railway Station, Ernakulam. The scheduled time for reaching Shornur was 21.20 hours. On that day, it reached Shornur at 20.45 hours, i.e., 35 minutes ahead of the scheduled arrival.

43. According to PW34, the guard room in the said Passenger Train was in the last compartment. The said compartment was divided into four divisions. The last division in

that coach is luggage room, the next to it is the ladies division,

then next to it is the guard room, and the next division in the front is the luggage and chest room. There is another exclusive ladies compartment, attached just in front of that coach. The

number of the ladies coach in front of his coach, is 048495. On 1.2.2011 the train reached Mulloorkara Station at 20.18 hours and Vallathol Nagar Station at 20.27 hours. When the train stopped at Mulloorkara Station, some ladies who were travelling by the ladies division in his coach, got down at the road side where there is no platform, and there was a girl aged around 20 years, among them. The said girl rushed to the ladies coach in front of it, and gained entry into it. The duration of the stop there is only for one minute. Normally, no ladies would get down at the right side where there was no platform and that was why he had noted it.

44. PW4 is a resident of Konichira, Wayanad. On the date of incident, in the evening, he travelled by the said train in the third compartment from the last, to Shornur for catching the West Coast Express train for going to Kozhikode, from there. As the train was lying idle for some time at the Vallathol Nagar Railway Station, he was afraid that the other train might go, and therefore, he took his bag and stood near the door and looked at the guard who was in the last compartment. He could see the guard engaged in some work along with a lady staff, near the guard room. At that time, the accused came from his back and

tapped on his shoulder, and asked for space to move. The accused got down by murmuring something and went towards back, and was calling somebody, as if he was searching for somebody in the ladies compartment, by peeping into the ladies compartment. PW4 was standing at the back door on the left side. Then he could see the accused again coming back to the said compartment and getting inside it, through the middle door of the compartment. He could notice that the left palm of the accused was amputated at the wrist.

45. After some time, the train moved. Then PW4 could hear the cry of a lady from the ladies compartment next to it, at the back. Then he told PW40 and others in the compartment that cry of a lady was heard. They also heard the cry; but they could not go back, as there was no passage to get into the next compartment. A middle-aged man was seen standing at the right door at the rear side of that General compartment. When PW4 approached that man and told him about the cry, he told him that a girl had jumped through the right door of that ladies compartment and she had escaped. When he demanded to pull the alarm chain to stop the train, that man directed him not to disturb other passengers and requested him not to drag them to court, by stating that the girl had escaped. As that man got angry, PW4 did not pull the chain and he again went to the rear

left door and stood there. When he looked back, he could see the accused standing at the lower step of the front left door of the ladies compartment, and attempting to jump down, by holding on the bar at the side the door with his right hand and by leaning forward. He questioned the accused, and asked as to what he was going to do. By answering that there was nothing, the accused jumped out and landed safely by his feet and right palm on the ground, and then sprang up and walked towards back. The train was in a slow speed. The accused was seen walking towards the Vallathol Nagar Railway Station.

46. When the train reached Shornur Railway Station, PW4 along with PW40 rushed to the guard and told the matter. The guard came out along with the boy carrying the box. As per the direction of the guard, the said boy got inside the ladies compartment and then got out, as he could not find anybody in it. Then they, along with the guard, went to the R.P.F office and told the matter. He and PW40 gave their name, place and phone number there. He and PW40 exchanged their phone numbers also. By the West Coast Express Train, he reached Kozhikode and then to his house by about 3.30 a.m. on 2.2.2011.

47. PW40 is a student residing at Parappanagadi and is also working as Videographer at Poonam Media, Thrissur. On 1.2.2011, at 7.30 p.m. he got into the Ernakulam - Shornur Passenger Train from Thrissur, for going to Shornur. He purchased Ext.P23 ticket from the Thrissur Railway Station. He was travelling by the last general compartment in the train. The train reached Shornur at 8.45 p.m. The said general compartment was the third one in the train from the rear end towards front. There was a halt for the train for some time at Vallathol Nagar Railway Station. At that time, he could notice the accused whose palm of the left hand was amputated, getting down from the said bogie in which he was travelling. PW4 was standing at the left rear door of that compartment. It was after talking some thing to PW4 that the accused got down from that compartment. He could realise that it was something related to giving way for him to get down. The accused was found dressed in MO5 lungi and MO6 shirt. After getting down from the compartment, the accused looked around and was seen going towards the ladies compartment on the rear side. It was by

about 8.30 p.m.

48. Thereafter, the train moved forward in a slow pace.

When it covered some distance, PW40 could hear the cry of a

lady from the ladies compartment at the rear side, just adjacent to the compartment in which he was

travelling. It continued for some time, for about one minute. He told the matter to an aged

couple who were sitting by his side and they in return told him that they also heard it. Apart from looking each other, nobody had reacted. A man, aged around 50 years, was seen standing at the rear right door of that general compartment. He heard the said man telling PW4 that a girl had jumped out of the train and she had escaped. PW4 had told him about the pulling of the alarm chain. Then, that man objected it, by telling that unnecessarily PW4 would drag all of them to court. Again, PW4 went to the rear left door which remained open. By looking to the backside, PW4 was seen talking to somebody. When he looked, he could realise that PW4 was talking to the accused who was standing at the front left door of the ladies compartment at the rear side. He could hear PW4 questioning the accused as to who was he and as to what he had done and warning him by saying that he would not let him go. By that time, the accused was seen getting down to the lower step of the left door of the said ladies compartment by catching on the side bar of the door with his right hand, by leaning forward. Then the accused jumped down to the ground, and was seen walking through the side of the track, towards the direction from which the train came.

49. The train passed through a bridge and then reached

the Shornur Railway Station. PW40 along with PW4 got down from the train and peeped into the ladies compartment, from where the cry was heard by standing out side. They could not see anybody. Immediately, they approached the guard of the train and told the matter. The guard asked another staff to get into the said ladies compartment and to examine it. After getting into the compartment and looking, the said staff came and reported that there was nothing in the compartment. Thereafter, he along with PW4 and the guard went to the R.P.F. Office and informed the matter. The guard gave something in writing there. PW40 gave his phone number to PW4 and in turn, he gave his phone number to him. PW4 gave those telephone numbers to the guard. Thereafter, he proceeded to his house.

50. PW38 is residing at Vallathol Nagar in Vettikkattiri. She could see the railway track by sitting at her house. On 1.2.2011, by about 8 - 8.30 p.m., when she was sitting at the sit- out of her house, she heard the cries of a girl from the passenger train, seeking for help. The said passenger train was going to Shornur, towards north. Her house is situated 100 mtrs. towards north from the railway platform and 20 mtrs. away towards west from the railway track. 51. The house of PW39 is situated just adjacent to the

western side of the Vallathol Nagar Railway Station at Vettikkattiri. PW38 is his neighbor. His house is situated after 5 - 8 houses towards north from the house of PW38, towards Shornur side. On 1.2.2011 at 8.30 p.m., he saw the Ernakulam - Shornur Passenger going towards Shornur. At that time, he was sitting at the sit-out of his house. From the rear portion of the train he heard the cry of a female as 'Aiyyo'. Even though he lighted the torch, by then the train had moved away. Just at that time he could see an ambulance going towards Thrissur, through the Highway. He thought that the cry was in connection with the accident, which had occurred due to the explosion of gun powder at Thrangali. It was only in the next morning he came to know that a girl was found lying just 600 mtrs. away, towards Shornur side from his house, and that she was taken to the hospital.

52. According to PW34, guard of the Ernakulam-Shornur Passenger Train, on 1.2.2011, it reached Shornur at 20.45 hours, i.e., 35 minutes ahead of the scheduled arrival time. The train stopped at platform No.3 of the Shornur Railway Station. Immediately PW4 and PW40 who were passengers of the train rushed to him and told him that some time after the departure of the train from the Vallathol Nagar Railway Station, they heard the cry of a girl from the coach attached behind their coach and

that the girl jumped out from that coach to the right side, and after some time a man jumped out of that coach to the left side. His room was in the last compartment, and there is another ladies compartment just in front of that coach. In front of that ladies compartment, it is a general compartment in which PW4 and PW40 were travelling. He was informed that it was from the ladies compartment attached in front of the last coach that the said persons jumped out and therefore, he instructed the box boy on duty who came to take the line box, to check up the said ladies compartment. After verifying whether anybody was there in the ladies compartment, the boy reported that there was nobody in it.

53. PW34 took PW4 and PW40 to the RPF Station at the railway platform and informed the matter there. The two policemen attached to the RPF, who were present there, contacted the local police station over phone and informed the matter. PW34 directly called Vallathol Nagar Station Master over the phone and informed to him also. The Station Master replied that he would sent somebody to verify it. He noted down the phone numbers of PW4 and PW40 and then he went to the Station room and gave a written message to the Station Master on duty. The Station Master acknowledged its receipt in the copy of the said message. Ext.P30 is the attested copy and Ext.P30 (a) is the carbon copy of the message. Thereafter, he signed off through Ext.P19. Ext.P21 is his sign on record at Ernakulam.

54. PW71 was the Station Master at the Shornur Railway Station as on 1.2.2011. On that date, he was on night duty from 8 p.m. onwards. Ernakulam-Shornur passenger train arrived at the 3rd platform at the Shornur Railway Station at 8.45 p.m. Within a short time, PW34 who was the guard of the said train approached him and informed that 2 to 3 passengers had told him that a woman and subsequently a man had jumped out of the train after the train had left Vallathol Nagar Railway Station. PW34 furnished a report and he had acknowledged in its carbon copy. He identified Ext.P30 and Ext.P30(a) as the said report and its copy. He gave information over the phone to the Vallathol Nagar Railway Station Master, S.I of Shornur RPF, and the Cheruthuruthy Police Station. He gave message of the same over phone to Palakkad Section Controller and Thiruvananthapuram Section Controller.

55. While PW54 was working as as Station Manager at Thrissur Railway Station on 2.3.2011, he produced Ext.P30(a) photocopy of the report furnished by PW34, Ext.P49 attested copy of the rough journal of the guard in train No.56608, Ext.P50 attested copy of CDO/CTR, Ext.P52 attested copy of the combined signing off register of the Ernakulam Railway Station. The same were seized by the police through Ext.P48 mahazar in which he also had affixed his signature.

56. PW57 is the Divisional Operations Manager of the Southern Railway at Thiruvananthapuram. He had verified and attested Exts.P49 to P52 and Ext.P30 and handed over it to PW55 for handing over it to the police. Ext.P30(a) is the carbon copy of the report produced by PW34, at his office on 24.2.2011. Its original given to Shornur Railway Station by PW34 had gone to Palakkad Division. Ext.P30 is the certified copy of Ext.P30(a). He has produced the originals of Exts.P49, P50, P51 and P52 before the court below at the time of his examination with the request to return it after verifying with the copies, as the originals were required for the day-to-day use at the office.

57. On 1.2.2011, PW27 was the Manager at the South (Junction) Railway Station, Ernakulam. He produced Ext.P21 copy of the 'signing on register' relating to Train No.56608 `Ernakulam - Shornur Passenger', on that day. PW34 was the guard on duty in that train. PW34 had singed on duty at 17.05 hours and that train left the Station at 17.35 hours. The signing on register contains the signature of PW34. 58. On 1.2. 2011, PW25 was also a Station Master at the Shornur Railway Station. He had produced Ext.P19 attested copy of the 'sign off' register relating to the Guard and others of Train No. 56608. PW34 was the guard and he had signed off at 21.15 hours on that date. On that date, the train reached Shornur at 20.45 hours.

59. PW23 is a Loco Pilot in Southern Railway, at Ernakulam. On 1.2.2011 he was the engine driver in Train No.56608, Ernakulam - Shornur passenger. Along with him, CW19 was also employed as Assistant Loco Pilot. PW34 was the Guard on duty in the guard room of the train. On that date, the train started at 17.40 hours from the South Railway Station, Ernakulam. It reached Shornur at 20.45 hours. The said train has stops at all Railway Stations in the route. On that day, the

train had a halt for three minutes at 500 mtrs. away prior to

reaching the Vallathol Nagar Railway Station. Then the train

stopped at Vallathol Nagar Railway Station. Usually, it would stop there only for one minute. On that date, it had to stop there for six minutes as the Travelling cash chest had to be sealed at the guard room. The train started at 20.33 hours from the Vallathol Nagar Station. On reaching Shornur, during rest time PW34 had told him that two passengers had told PW34 that a girl had fallen down from the train, and the same had to be verified. In cross examination, he stated in evidence that the train was being driven in a slow speed from Vallathol Nagar on that date, and the speed was only 15 km/h. 60. PW42 is the Station Master at the Vallathol Nagar Railway Station. He was on duty from 8 p.m. on 1.2.2011 to 6 a.m. on 2.2.2011. CW19, a lady staff was also present on duty along with him and she was on SCP duty. Her duties were to

show the flag to trains, to seal the chest of the passenger train and to hand over memo to the drivers etc. On that day, No.56608 Ernakulam-Shornur Passenger Train arrived at the Station at 8.27 p.m. and departed to Shornur at 8.33 p.m.

61. By about 9 p.m., PW34 guard of that train called PW42 from Shornur over the railway phone and informed him that after the train had left Vallathol Nagar Station, a lady had either fallen down or jumped out from the train and following that a man also had jumped out of the train, and asked him to enquire about it. As there was no other staff to enquire about it, he called PW19 Gang-man who was on off-duty, over phone and informed the matter. PW19 arrived there within a short time and called some young men from the neighboring houses and went for a search. After searching for a distance of more than one kilometre, he came back and reported that they could not see anything. By about that time, PW46 ASI of Cheruthuruthy Police Station came to the Railway Station and they also could not find anything. PW46 and the police party returned to the Police Station.

62. PW69 is a gold smith residing at Vettikkattiri. On

1.2.2011 till 8 p.m., he was engaged in gold fabrication works at his house and thereafter he went to the house of his friend PW21. After having a chat till 9.45 p.m., he was on his way back to his house by lighting his torch. As he wanted to purchase a coupon for recharging his mobile phone, he walked towards the shop of PW72 situated at the opposite side of the Kalamandalam bus stop. He was walking towards Shornur side, towards north, through the railway track. On seeing the signal of a train passing towards Shornur side, he moved away from the western track to the eastern track, and crossed it by lighting the torch. When he turned towards north, he could hear a strong and strange breathing sound as if children were breathing. He lighted the torch towards that direction which is at the eastern side of the track. He could see a 20 year old woman lying in such a way that her head was on the aggregates at the western

side. Her left leg was folded and the right leg was seen stretched and was rubbing on the ground. He could see socks on both her feet. Blood was seen all over her face. The shirt worn by her was unbuttoned and was seen lifted up thereby exposing her breasts. There were no other clothes beneath her waist. 63. PW69 could see the light from a torch near the cabin situated towards north from the place where he was standing and that somebody was seen approaching to that place by

lighting that torch. By that time, a train passed towards Shornur. He could see PW5 and PW48 coming over there by lighting the torch. He called them and showed the girl who was lying. All of them became frightened on seeing her. They advised him that they could move away without doing anything. He told them that they should try to save the girl as she was alive. He told them to procure a cloth from somewhere. He stood there. He could see a bag and black pants lying near the girl. A shuddy was seen

protruding from inside the pants. As the other two persons went

away, he became frightened. Guard Sreedharan's house is

situated nearby, at the western side of the track. He went to that house, where the wife of Sreedharan was present. He gave her the information and told her to pass on the information to the Railway Station over phone. His friend CW31 is residing in the next house to that of Sreedharan. He went over there, called CW31, passed on the information, and they together came back to the place where the girl was lying. CW31 had passed on the information over the mobile phone to PW33 and PW19, and called them. By the time they reached near the girl, PW48 and PW5 had returned there. They could see PW19 and PW33 also coming towards that place. Several materials were seen lying scattered near the spot. He identified the bag, pants and shuddy as MO7, MO8 and MO21, which were also seen lying

there. According to PW69, there was no possibility for the girl to

fall there and he felt that somebody had dragged that girl to that spot. He could realise that the girl was brutally raped by somebody. PW19 took and lifted the girl up. The girl was taken to the road, and they stopped a police jeep that was coming through the road as pilot to the Minister. PW19 and Nazar took the girl into the jeep and they took her to the hospital.

64. PW48 is residing at his house situated at Vettikkattiri, near to the Vallathol Nagar Railway Station. He has been working as a temporary driver at the Kerala Kalamandalam for the last six years. On 1.2.2011 at 9.15 p.m. he was walking from his house through the railway track, to Kalamandalam. He could see another person walking in front by lighting a torch. That man stopped and stood still by lighting the torch to one direction for a while, and then came back. On seeing that man, he could identify him as PW69, one of his neighbours. PW69 told him that a lady was lying near the box. He lighted the torch to that direction. The scene which he saw was shocking. Blood was oozing out from the injuries on the head and face of the girl. Her right hand and right leg were moving. There was a slight groan. The cloth looking like churidar top was seen lifted and rolled up thereby exposing both her breasts. There were no clothes at the portion beneath the breast on the rest of the body. Socks in

khaki colour were seen worn by her on her feet. According to PW48, the girl was lying in such a state as her head and upper portion of the body was on the aggregates, at the first track and the remaining portion of the body and her legs, on the ground. She was lying in supine position. She was not speaking and was not conscious. He identified the bag and all the materials including the cream coloured shirt worn by her which was seen lifted and rolled up.

65. Immediately PW48 told PW69 to attract the attention of the public. By that time, they could see PW5 who is conducting a shop nearby, coming through that way after closing his shop. PW5 and PW69 went to the Railway Station side, for inviting the attention of the public. He went to the nearby house

of his father's younger brother Unnikrishnan, from where he informed the matter to his friends over phone. By the time when he reached along with Unnikrishnan back to the place where the girl was lying, he could see many persons gathered there. A dhoti was procured by a person from a nearby house. When it was used to cover the body of the girl, he could see the portion of her vagina in wet condition. After covering the body with the dhoti, he along with PW19 and CW33 took the girl to the Shornur road. When a police jeep was seen coming in escort for the Minister, they stopped the vehicle, and took the girl into

the jeep. PW19 and CW33 also got into the jeep and the jeep proceeded towards Thrissur direction. After that, he along with others returned to the railway track, to the place where the girl was lying. There was a bag, some papers, identity cards etc. Near to it, a black pants and a shuddy inside it, as if the same were removed together, were seen lying. PW52 who was present there was asked to collect and keep the entire materials. As he had to got to the Shornur Railway Station for picking up the Registrar of the Kalamandalam who would be coming to the Railway Station by the train, he went to Kalamandalam, took the car and went to the Railway Station.

66. PW5 is conducting a provision shop at the north of the Kalamandalam bus stop, at the western side of the Vallathol Nagar Railway Station. He used to close his shop by about 10 p.m. On 1.2.2011, he was walking through the railway line, to his house at 9.45 p.m., after closing his shop. There were altogether five tracks at that place. He could see a light near the fourth track, and somebody called him as `hello, hello'. By about that time, a train passed through the second track. Then, he went near the spot. There, he could see PW69 and PW48. He had a torch with him. When he lighted it, he could see a girl about 20 years old lying there with a groan. The lower half of her body was nude. She was moving one of her hands and

legs. She was seen lying in between the fourth and the fifth track. Just on seeing her, he could realise that it was not an ordinary incident. Immediately, he called PW52 and his other friends through his mobile phone, and informed the matter. Apart from a mere groan, the girl had no memory. She was not speaking; she had severe injury on her face etc., and blood was seen oozing out. Her head portion was on the aggregates and leg portion was on the ground. PW48 went for bringing a cloth for covering the body of the girl. He went to the Railway Station and informed the matter to a lady who was engaged in showing signals there. Again, he came back to the spot. By that time, many persons had gathered there. PW19, who was employed in railway, was also present there. PW19 with the help of CW33 and one Ravi, who were present there, took the girl to the State Highway (Thrissur-Shornur road) which is situated 10 mtrs. away and 10 mtrs. above, from the railway track, through the portion

among the bushes. The girl was taken to a police jeep which

came in escort to the Minister, and was taken to the hospital.

67. PW5 again came back to the spot where the girl was lying. There, he could see MO7 bag in an open state, near which a purse being used by girls, identity card, the black pants

of that girl which contained the underwear also, facial cream etc. All those things were taken by PW52, for handing it over to the police.

68. PW19 is the Gang-man of the Railway at Vallathol Nagar Railway Station. For the last 17 years, he has been residing at the railway quarters at Vallathol Nagar. Even when he was transferred to other stations, he continued to reside at the said railway quarters at Vallathol Nagar. For the last eight months, he has been continuously working at the Vallathol Nagar Railway Station. On 1.2.2011 at 9.20 a.m. he was engaged in a chat with others at the platform. At that time, PW42 Station Master called him over his mobile phone and told him that there was `a run over of two persons' from the

Ernakulam-Shornur Passenger Train, and asked him to go and

verify it at the track in between 3/500 to 2/800, and 2/850

through the up-line. Immediately, he went on a search along

with CW31 Ali. They could not see anything and thereby they

came back and reported the matter to PW42. Then, PW42 told

them that the persons who fell down from the train were a Tamil

man and a Tamil woman, and asked them to verify once again.

69. Then, PW19 along with PW33 went through the down-

line towards Shornur side. When they reached 3/725, somebody

had lighted torch towards them and called them from 3/650. He along with PW33 rushed to the spot, where they could see PW69, and realised that it was he who had called them. He told them that a girl was lying there. At that place, there are 5 lines lying north-south. First line at the eastern side is known as the low line and it was being used for the purpose of transporting aggregates alone. The aggregates were put there in between the said eastern low line and the second line towards west from

it. He could see the deceased girl lying in such a manner that her head portion was on the aggregates, and the leg portion on the ground. Blood was seen oozing out from her head. There were movements for one of her hands and one of her legs and there was a slight groan. She was lying in a supine position, but slightly turned towards side. Three buttons from bottom to the top of the rose mixed with cream coloured shirt worn by the girl,

remained open. She was nude from the waist to her legs. There

were two socks on her feet. He could see her bag lying opened

near her. Some cards etc. were seen lying scattered. Black

pants and shuddy were also seen there.

70. PW19 lifted her up and took her to the road. There were bushes on the side of the road in between the track and the road. He carried the deceased through the portion among the bushes and the others had lighted torch for him to proceed. On the opposite side of the road there was a house. He asked PW33 to go and fetch a piece of cloth from there. PW33

brought a cloth and put it over the deceased. They could see a police jeep coming in escort for a Minister. CW43 Nazar who was present there stopped the police jeep. They took the girl to the jeep and took her to the Government Hospital, Ottupara. The girl was around 20 years old and she was slightly moving one of her hands. The doctor on examining her, told them to take her to the Medical College Hospital, immediately. A green bed sheet was given from the hospital by which they covered the girl and took her to the Medical College Hospital, Thrissur by the same police jeep. They reached the hospital by about 11 p.m. 4 - 5 doctors were present there at the hospital and they examined the deceased. After some time, Cheruthuruthy Police reached there. Thereafter, PW6 who is the brother of the deceased also reached there. Then, he returned to his quarters.

71. According to PW19, the Ernakulam-Shornur Passenger Train came through the fourth line from east. There were concrete sleepers in between the 3rd line and the 4th line, near to the crossover. The place where the deceased was found lying was about 30 mtrs. towards east from the said crossover point. He identified the pants, bag, shirt and other materials found at the place where the deceased was lying.

According to him, when he saw the girl, nobody had helped him to lift the girl up. As her vagina was seen wet, he could realise that she was trapped and was raped. Her shirt was seen lifted up forcibly. There were only four railway lines near the place where the deceased was seen lying. The other line was the low byline being used for transporting aggregates alone. That line starts from the platform and proceeds towards north-south.

72. PW2 is residing near Shornur and has been working at Chalakkudy. On most of the days, he is a day scholar. On 1.2.2011, at 6.55 p.m., he got into the Ernakulam-Shornur Passenger Train from Chalakkudy. On 2.2.2011, while he was coming back to Shornur by the same train, police came to the

train in search of persons who had travelled by the said train on

the previous evening. They were asking for a one-handed man, who had allegedly travelled by the said train on the previous evening. As he could see such a person who was travelling by the said train on the previous evening, he told the police about it. He was asked to appear at the Chelakkara Police Station. He could not go on the next day, whereas, he could appear only on 4.2.2011. On 1.2.2011, he was travelling by the third compartment from the engine. He could notice a one-handed man who was in shabby dress, got into that compartment on that day. Repeatedly, he walked to and fro through that compartment, watching other passengers, and therefore, PW2 noticed his

movements. PW2 identified the accused as the said man. According to him, the accused got down at Irinjalakkuda. He saw the accused at the office of the Circle Inspector of Police and identified him.

73. According to PW75, who is conducting a provision shop in front of Kalamandalam, on 1.2.2011 at about 9.30 p.m. some persons came in front of his shop and told him that two persons had fallen down from the Ernakulam-Shornur Passenger Train. He took the torch from the shop and went along with them in search of the persons allegedly fallen down

from the train. The said persons had reached before his shop by an autorickshaw, and the said autorickshaw was parked in front of his shop. At that time, by seeing the autorickshaw, the accused who was in soiled dress, approached him and asked him whether the autorickshaw would go to Thrissur. He identified MO5 and MO6 as the lungi and the shirt worn by the accused.

74. PW45 is a 21-year-old autorickshaw driver at Vettikkattiri. PW33 is his elder brother. On 1.2.2011 during night, he was waiting for passengers in his autorickshaw parked by the road side at Panjal, Vettikkattiri. After about 9 p.m., his friend named Sulaiman called him over his mobile phone and requested his presence near Kalamandalam side, by stating that he came to know that a person had fallen down on the railway track there, from the train. Immediately he reached there by his autorickshaw, and stopped his autorickshaw near the old road leading to the railway track from the Thrissur-Shornur main road. He could see 3-4 persons engaged in a chat near the shop situated there. He asked them as to whether they were aware of such an incident. They replied that they did not come to know about such an incident.

75. According to PW45, at that time, the accused, who dressed in soiled clothes came to him from the side of the Kalamandalam bus stop by crossing the road, and asked him

whether he was ready to go for hire to Shornur. The upper portion of the shirt of the accused remained open without buttons in 2 - 3 button holes. He replied that he came in search of a person who had allegedly fallen down from the train, and therefore, he would not go for a drive. On hearing it, the accused became perplexed, and there occurred a change of expression on the face of the accused, and immediately the accused cut across the road, and went towards the bus stop. There was streetlight near the bus stop, and also there was sufficient light from the nearby shops. He had noticed that the left palm of the accused was amputated. By that time, by an autorickshaw and a bike, his elder brother PW33 and his friends came over there and asked him whether he could see the person fell down from the train. Then, he told them by pointing towards the accused that he had suspicion as to whether it was the accused who had fallen down. Then, they questioned the accused. He went on a search, from the portion of the cabin towards Shornur aside. PW33 and his friends also came in search behind him. He had noted down the nature of the lungi and the shirt worn by the accused and he identified the same as MO5 and MO6.

76. PW33 is residing at Vettikkattiri, at the eastern side of the Thrissur-Shornur main road towards east to the Vallathol Nagar Railway Station, which is about 400 mtrs. away towards

south from Kalamandalam. He is a fish monger. On 1.2.2011, from 8 p.m. to 9.30 p.m., he along with his friends numbering 8 - 9 persons, was sitting and chatting in front of 'Achuthan Pharmacy' situated in front of Vallathol Nagar Railway Station, as usual. By about 9 p.m., his younger brother Musthafa came by that way, after visiting one of their relatives. At that time, the Station Master and another lady who was on duty there told Musthafa that two persons had jumped out of the train, and requested him to verify it. Musthafa told PW33 and his friends about it and requested their participation also. PW33 along with CW24, CW25, CW26 and CW27, got into the autorickshaw of Rias and went to Kalamandalam bus stop which is situated half a kilometre away from the Railway Station. They stopped the autorickshaw there. There, they could see his younger brother PW45 who came over there by his autorickshaw. He also had reached there, as somebody had told him over phone about the incident. 77. According to PW33, at that time, the accused was seen coming from the narrow line leading to the Railway Station and after talking something to PW45, he moved towards the bus stop at the right side of the road. Then, PW45 expressed a doubt to them whether the accused was the person who had jumped out of the train. Therefore, all the six of them approached the accused and talked to him. He was seen

dressed in a soiled lungi and shirt. Two buttons towards the top of the shirt were found missing. He identified MO5 lungi and MO6 shirt as the clothes worn by the accused at that time. They asked him as to from where he was coming. Then the accused replied in Malayalam mixed with Tamil that he was coming from Thrissur and that he came over there by train from Thrissur and was going back to Thrissur. As if he had engaged in begging, the accused showed his left hand, the palm of which was seen amputated. There was very good light from the mercury lamp at the bus stop. The accused tried to explain that he was engaged in begging in trains. The accused was seen panting and was seen perplexed. By thinking that he was only a beggar, they let him go away.

78. According to PW42, who was the Station Master at the Vallathol Nagar Railway Station, while the young men, who had participated in the search, were discussing the matter by standing at the premises of the Railway Station, one among them revealed that they could see a one handed man at the road side near the Station and when questioned, that man had told them that he was a beggar and was waiting for bus towards Thrissur side. The road there was near to the railway track. He asked PW19 and the young men to search the railway track once again and thereby they went in search.

79. According to PW33, they crossed the road and came to the railway track. There were only two tracks there; at the same time, there were five tracks at the place where the girl was lying. Even though they had searched for a distance of around

1= kms. towards north from Kalamandalam towards Shornur side, they could not see anybody. They returned to the Kalamandalam side, and came to the Vallathol Nagar Railway Station side through the main road by bicycle. Others came by the autorickshaw. They informed the Station Master that they could not see anybody on search. They further told the Station Master that they had occasion to see a one handed man. Then, the Station Master told him that a phone call came and that it was a Tamil man and a Tamil woman who had jumped out from the train. The Station Master asked them to go and search once again. Then the time was about 9.50 p.m. PW19, who was holding a torch, was also present there, after the search.

80. According to PW33, they divided themselves into two groups. He along with PW19 went towards one way and Rias, who is the son of PW52, Anil, Vipin Das and Alimon went towards the other way. When he, along with PW19, walked through the track and reached about 50 mtrs. away from the

place at which the girl was lying, PW19 received a phone call. Somebody was seen lighting a torch by standing at a distance of 50 mtrs away. On seeing it, they went to that place and there, they could see three persons standing. They had attracted their presence by lighting the torch. They could see a girl lying in such a manner as her head was on the aggregates and the legs were on the ground, just after the first track. The road is situated 10 mtrs. away towards east from that spot and it is at a higher level of 10 feet. One cannot see that spot by standing on the road as there were thick bushes in between that spot and the road. The girl looked like a girl of 20 years. PW19 and the other three persons had torches with them. There was moon light also. She was fully nude from waist to downwards and was seen wearing socks at her feet. A small pit was seen beneath her heel. The shirt worn by her was seen lifted up and her breasts were seen exposed. Injury was found on her face and blood was seen oozing out. The portion of her vagina was seen wet. They felt that she was raped. Persons who saw her in the

torch light immediately retracted and stood apart as she was in

such a state.

81. According to PW33, there was a slight groan from the girl and movements for one leg. The girl was unconscious and was not talking. He went to the house of PW52, and obtained a

dhoti. He gave that dhoti to PW19 and the same was put on the body of the girl. PW19 lifted and took the girl. He also helped PW19 by lifting that portion of the body near the neck. The girl was taken to the hospital by the escort police jeep of the Minister, who came by that way. PW19 and Nazar also accompanied the girl by the jeep. 82. PW33 could see the black pants which also contained the shuddy in it lying away from the body. There was a purse also. Many articles were lying scattered near the body, which were seen fell from the bag which remained open. No mobile phone was seen. PW52 collected the materials of the girl which were lying scattered there and subsequently produced it before

the police. PW33 identified MO1 shirt worn by the deceased,

MO16 purse, MO7 bag and MO8 black pants in which MO21

underwear was also found.

83. PW52's native place is Cheruthuruthy. According to him, on 1.2.2011 by about 9.45 p.m. his friend Azeez called him over phone and told him that a woman was found lying as if she had jumped out from the train. By about 10 p.m. he reached

there. There he could see CW33, PW33, PW19, PW69, and

PW5. A woman was lying injured at the railway track. She was

covered with a dhoti. PW19 took and lifted her up. All of them climbed to the road. When a police jeep came as a pilot vehicle for the Minister, they stopped it and PW19 and CW33 entered inside the jeep with the injured girl, and took her to the hospital. The girl was looking like 20 years old. Blood was oozing out from the injury on her face.

84. According to PW42 Station Master at the Vallathol Nagar Railway Station, he received a phone call at the Station and was informed that a girl was seen lying north to the Railway Station, adjacent to the track and that it could have been an accident by falling from a train and further that the girl was nude and was groaning. It was further informed that the girl was about 22 years old and had injuries. He passed on that information to the Cheruthuruthy Police Station over the phone. PW19 and the other persons who were with him reached near the girl, took him to the road, from where she was taken to the hospital by a police jeep.

85. PW24 was working as Additional Sub Inspector of Police at the Anthikkad Police Station as on 1.2.2011, and he was on pilot duty on that date with the Revenue Minister, Sri. K.P. Rajendran. On that day by about 6.30 p.m. there had

occurred an explosion of gunpowder at a place called Thrangali at Shornur, in which some persons died and many others got injured. The Minister was going to that place. At about 10 p.m., while he was proceeding from Thrissur to Shornur in front of the vehicle of the Minister, he could see some persons coming to the road from the railway line by taking a girl. They waved their hands and stopped the vehicle. They told him that the girl had fallen down from the train and had sustained a head injury and that no vehicle was available to take her to the hospital. The girl was taken to the rear portion of the said vehicle. PW19 Gang- man of the railway and another man working at the Kalamandalam also got in the vehicle by carrying the girl. The Minister stopped his car, got down and enquired the matter and directed him to take the girl to the hospital.

86. They took the girl to the Government Hospital at Wadakkanchery. The girl was unconscious. There was a slight groan. There was head injury, and blood was oozing out from the injury on the head. She was covered with a lungi. A portion of the cream-coloured shirt of the girl could be seen. PW19 took the girl from the Jeep to the Doctor, who after examining her, told them that the injury was very serious and she should

immediately be taken to the Medical College, Thrissur. The girl

was taken to the casualty of the Medical College, Thrissur. Her name was not known. From the words of the persons who took the girl to the Jeep, he could understand that the girl was subjected to rape. They told him that two persons had jumped out of the train and a one handed Tamilian who was suspected to be one out of them was stopped there. They reached the casualty at the Medical College, Thrissur at about 11 p.m. PW24 informed the incident about the girl over the wireless to the Cheruthuruthy Police, and informed them that the girl was taken to the hospital. Thereafter, he went for attending duty with the Minister. On the way, he went to the Cheruthuruthy Police Station and informed the matter. At that time PW24 came to know that the Cheruthuruthy police had already gone to the Medical College, Thrissur. It was by about 1 a.m. on 2.2.2011 that he had entered the Cheruthuruthy police station. He

identified MO1 as the shirt worn by that girl.

87. According to PW18, after waiting for the deceased among the passengers who arrived by the said passenger train, PW36 called PW18 and informed her that the deceased was not present among the passengers who came by the said train. She

called PW36 to her house. When PW36 came by his

autorickshaw, she called a person named Ravi who is one of her neighbours and they went to the Shornur Railway Station and searched everywhere. As they could not find the deceased, they approached the Station Master and told the matter. Then they were told that a girl had fallen down from the train, and that the said girl was taken to the Medical College Hospital. They contacted PW6. As per the directions of PW6, PW18 was taken back to the house by the autorickshaw and thereafter the others went to the Medical College Hospital, Thrissur. On the next day, she went to the Medical College Hospital, and saw the deceased at the I.C.U, and identified her. The deceased died at the Medical College Hospital, Thrissur on 6.2.2011.

88. According to PW36, even though he had reached the Shornur Railway Station as directed by PW18, and waited with the autorickshaw, the deceased was not found among the passengers came by the said passenger train, and thereby he gave that information to PW18 over phone. He was asked to look in the next train at 10.30 p.m. also. In that train also, she was not present, and he conveyed that information also to

PW18. Then he was asked to reach at the house of the deceased with the autorickshaw. He reached there, from where, PW18 and another neighbour Ravi came along with him to the Shornur Railway Station. Even though they searched for the

deceased at the guest room, platform, and the train, they could not find her there. They approached the Station Master. The Station Master told them that a girl had fallen from the train near the Vallathol Nagar Railway Station and that she was taken to the Medical College Hospital. He informed the matter to PW6

over phone. PW18 was crying.

89. According to PW71, on 1.2.2011 by about 10.30 p.m. when he had contacted PW42, he was told that a girl who had sustained head injury was found at the railway track at a distance of about 450 mtrs. away from the Railway Station by PW19 Gang-man, and that PW19 along with some others had taken that girl to the Medical College Hospital. 90. According to PW71, by about 11 p.m, PW18 and two others had approached him and told him that she was waiting for her daughter who had to reach the Railway Station by the 8.45 p.m. train, and that her daughter had not reached. He was also informed that the girl had not reached by the 10.20 p.m. train also. Then he told them that a girl of about 20 years old had fallen down from the train at Vallathol Nagar and that she was taken to the Medical College Hospital. On hearing it, PW18

started crying.

91. According to PW36, as per the direction of PW6, they proceeded to Thrissur. When they reached the place called Kuraancherry, PW6 called him and informed that the deceased was serious and therefore, he should not take PW18 to the hospital, and requested him to take PW18 to the house by telling something. Therefore, he told PW18 that there was nothing to worry and that PW6 would take the deceased to the house after getting her discharged. On the next morning, by 7.30 a.m. he went to the Medical College Hospital. As the deceased was in the I.C.U, he could not see her. Later, the deceased died.

92. PW62 was the Junior Medical Consultant at the Taluk Hospital, Wadakkanchery on 1.2.2011. On that night, by about 10.30 p.m. an unknown lady who was injured was brought by Anthicad Police in the escort police jeep of Minister Sri.K.P. Rajendran, along with PW19 railway employee etc. He was told that the said injured had fallen from the train and it

could be either accidental or homicidal. The patient was

unconscious. As she was seriously injured, she was sent by the

same vehicle to the Medical College Hospital, Thrissur for Neuro-surgical care. On 12.2.2011, he produced Ext.P68 before the police. 93. According to PW76, during her last talk with him over

phone by about 8.30 p.m. on 1.2.2011, the deceased had joked by telling him that a Tamilian had a look on her and was going away. When he called her after some time, her mobile phone was switched off. Even though he tried several times, it was in switched off mode. On the next day also, he had called her till noon and on all such occasions her phone remained in switched off mode. Therefore, by about 2.20 p.m. he called PW18 over her phone. It was then only he was told that the deceased had sustained injuries and admitted as inpatient at the hospital. On 3.2.2011, PW76 went to the Medical College Hospital, Thrissur. The deceased was in I.C.U. and was connected to the ventilator. He could see her only though the glass.

94. PW37 is the Assistant Professor in Surgery at the Medical College, Thrissur. On 1.2.2011, he was on duty at the casualty. On that night at 11 O' clock, the deceased was brought at the casualty. He examined her and prepared and furnished Ext.P32 wound certificate. She was brought by PW19. The alleged history was that "fell down from the train at 9 p.m. at Vallathol Nagar". He has noted the following features: - "The patient was unconscious. G.C.S score E.I. M2 V.I. strider was present. Pulse rate 86/minute. BP was 90/70. Pupil was

bilaterally 3mm. Not reacting to light. Chest air entry equal on both sides. Added sounds - present. Abdomen was soft". He has noted the following injuries:- 1. Contusion 4 x 3 cm on left side of mandible involving floor of mouth. 2. Black eye left side-present. 3. Nasal bleed and oral bleed-present. 4. Contusion on left side face. 95. According to him, the injuries could be caused as alleged. He saw the said patient at 11 p.m. When he saw her, she was in a very critical stage, and was fighting for life. She had signs of serious head injury. She was unconscious. There was difficulty to breath as blood was oozing from the nose and mouth. Pupils were not reacting to light. BP was very low. There were severe sounds when she was breathing, as the pipes were filled with the blood. Glasgow Coma Scale (G.C.S) was only 4. In the case of a dead body it will be 3, and in the case of a normal human being, it will be 15. Therefore, the neurological examination and evaluation showed that she was almost dead. She was nearing death due to the first injury. There was fracture of the mandible. Blood had oozed into the floor of the mouth. There was inflammation over and inside the mouth. The said blood could go into the lungs, which could result in death. It would result in pneumonia. If such an injured is conscious, the injured cannot speak; but can make sounds.

Injury No.2 could be as a result of injury inside the head or on getting assault on that portion. As she

was unconscious, her vision could not be tested.

96. On fracture of mandible, blood was seen oozing through the nose and mouth. On fracture of skull due to bursting of blood vessel in head, blood can ooze out of the nose. He attempted for endo-tracheal intubation. His attempt for inserting tube directly into the lungs through the mouth, failed as there were fractures of the bones of the face. Therefore, he did emergency surgery of tracheotomy. It was for establishing the airway and for sucking the aspirated blood and also for giving oxygen. As BP was low, I.V was established, through which fluids were given. Then, he came out of the acute care room of the casualty, and prepared Ext.P32. When he came out of the room, he could see the brother of the deceased, who furnished the name and address of the deceased. According to him, what were done by him were only life-saving mechanisms.

Had it not been done, she would have died then and there. He

had suggested Gynaec consultancy. He was also present in the

team of doctors who prepared Ext.P3 report. She was removed

to ventilator.

97. The deceased was subjected to neurosurgery by him

and other doctors. His name is shown in page number 10 of Ext.P4 case sheet. PW79 Neurosurgeon has noted down the circumstances in which the surgery was done. PW79 is the Head of the Department. If the patient is in supine position on sustaining such injury, and if pressure is applied on her, aspiration would be more severe. Clotted blood from the brain was removed after opening the skull. The portion of the skull was kept in her abdomen. The same was done in order to decrease the pressure in the head. According to PW37, the said injuries are sufficient in the ordinary course of nature to result in immediate death.

98. While PW1 Dr. Thanooja was working as an Assistant Professor, O&G at the Medical College, Thrissur, on 2.2.2011, she examined the deceased, aged 23 and issued Ext.P1 certificate. The deceased was brought by PW19, who was the Gang Maestri of the Vallathol Nagar Railway Station, in a police jeep. She has noted the following history:-

"The girl was travelling in the local train on 1-2-2011 and found lying naked in the railway track at 10 p.m.

The patient was unconscious and not responding to calls. A lacerated wound of 2 cm. was there on left

lower lip. Black eye, left side contusion and an abrasion on left cheek. Undergarments were soaked in blood.

Abrasion right forearm dorsal aspects. Contusion on right forearm 1 cm. left side hemiplegia (state of paralysis)".

99. After examination of the deceased, PW1 made the following observations in Ext.P1:- Gynaec examination:- Pubic hair is scanty; but matted with mucoid secretion, it is clipped. No tears inside vagina copious. Mucoid materials inside vagina seen. Hymen showed fresh tear at 4 O'clock and 7 O'clock position. Based on the above facts, she is satisfied that there is evidence of recent sexual act. No injuries on the abdomen and breast. Pelvic examination:-uterus normal size, mobile, no pathology in uterus. Patient had head injury. Internal capsular bleed in CT scan and not moving left side of body and unconscious. Strider Tracheotomy done. She is dangerously ill. Vaginal swab (2 in numbers), vaginal smear (2), pubic hair clippings and nail clippings taken.

Undergarment was also taken. All the same were sent for chemical examination and DNA matching.

100. According to PW1, there was evidence of signs of resistance. Ext.P2 is the forensic report. There is head injury and multiple facial injuries. There was intra cerebral haemorrhage and the patie