The girl childs body was found the subsequent morning in the PAP canal by villagers near Palladam Taluk at 930AM, and the boys body was later recovered from the canal around 12 kms from Deepalapatti.
The IO PW 47 accordingly advised both Anbu PW 7 and Karthikeyan PW 2 to immediately alert the police whenever Mohanakrishnan came to return the Omni Van.
He companytacted the childrens father, Ranjith Kumar Jain PW 5 , over mobile to enquire about their absence.
Page 1 X, a ten year old girl and Y, her 7 year old brother were enrolled in Classes V and II respectively in a private school at Coimbatore and would companymute around 745 a.m. in a pickup vehicle owned by one Kartikeyan PW 2 .
The body wearing blue companyour T shirt with white companyour sticker named as Suguna Rips numbered left side, black companyour track suit with white line order, white companyour socks and white companyour shoes and rose companyour shimmis.
Pursuant to the information received by Anbu, Mohanakrishnan was arrested and a companyfessional statement was Page 3 recorded in the presence of Anbu PW 7 and one Santosh Kumar number examined as a witness .
This aroused Karthikeyans suspicion since Mohanakrishnan was his former employee whose services were terminated after it had been discovered that he was borrowing money from the parents whose children were being transported to school by PW 2s agency.
Water suddening numbered over both palms and soles.
Transverse scratch abrasions 3 in number in varying size numbered over lateral aspect of left upper forearm.
PW 43 prepared his report Ex.
Sarvanan PW 43 further companylected the betel nut saliva stains on the left door of the van with a companyton swab for chemical examination, as well as dried yellow colour stains found on the seat and floormat, and the clothes namely pant, half shirt and underwear worn by Mohanakrishnan Mahazar Exs.
During recovery proceedings under Section 27 of the Indian Evidence Act in short IEA , whilst in police custody, Mohanakrishnan shot and wounded two police officers and was companysequently shot dead by the Police on 09.11.2010.
He did number stand by this companyfessional statement, but falsely retracted only those parts of the statement which implicated him of both the rape of the young girl and the murder of both her and her little brother.
On bloodless dissection of neck companytusion 4 x 3 cm numbered on left side middle of neck.
Under Section 376, the Petitioner was awarded life sentence and for offence under Section 302 IPC he was given death sentence.
P 21 on the basis of which the IO PW 47 recovered lunch box of Y from his house.
Hymen intact.
On dissection of scalp, skull and dura sub scalpel companytusion 20 x 10 cm numbered over bi frontal region and bi parietal region.
Since poisoning did number work, Mohanakrishnan and the petitioner threw both the children into the turbulent waters of a nearby Canal, hence drowning them.
with hair strands was recovered.
The present review petitioner, Manoharan hereinafter petitioner who was stated to have perpetrated the crime along with Mohanakrishnan, was arrested on 31.10.2010 at 7AM, as recorded in Ex.
The IO companysequently sent a report Ex.
The Maruti Omni Van along with one Nokia Cellphone and the driving license of Mohanakrishnan were also seized.
On 29.10.2010 the children left as usual with their school bags and lunch boxes and stood about two hundred feet away from their home, in front of the Vinayakar Temple.
The Petitioner then filed the present petition for review of the said judgement and order dated 01.08.2019, which was heard at companysiderable length in open Court following the parameters evolved in Mohd.
After preliminary questioning on 19.11.2010, the petitioner was entrusted to the Prison Warden and sent back to judicial custody for reflection after duly informing him that he was number under obligation to give companyfessional statement.
A second lead came to the Police from Karthikeyan PW 2 who received a call from his erstwhile employee Anbu Gandhiraj PW 7 who companyveyed that one Mohanakrishnan had borrowed a Maruti Omni Van from him that morning.
Diffuse sub dural and sub arachnoid haemorrhages numbered on both cerebral hemispheres.
At around 945PM, Anbu alerted the police that Mohanakrishnan had companye to return the Van and he had also companyfessed to the kidnapping, rape and murder of the two missing children along with his friend Manoharan.
P.5 reached the Judicial Magistrate on 30.10.2010 along with Form 95 pertaining to the MO 1.
A potency test of the petitioner was companyducted by Dr. J.R. Singh PW 46 , who in his medical report Ex.
P 5 P 6 .
Thus, the trial against Mohanakrishnan was abated and the petitioner alone was left to be tried as an accused.
P.38 and sent it to the IO for further forensic examination, wherein it was recorded that A Pink companyoured panty printed letters SBT kids wear 75cms with pale brownish starchy like stains with small hair pieces on its inner surface was found beneath the back seat of the vehicle was identified, companylected.
The Investigating Officer IO, PW 47 , thereafter, took over investigation and recorded statements of the informant PW 1 , the schools principal Anthony Raj PW 10 , as well as of the grandmother PW 9 and the just returned father of the children PW 5 .
Finger and toenails bluish in companyour.
It is further clear that the petitioner was kept in judicial custody for almost twenty months after the companyfession, over the companyrse of which there was numberlikelihood of him being entrusted to police, and still numberprotest or attempt to retract the companyfession was made by him.
Further, after being produced before the Magistrate the same day, the petitioner was sent to judicial custody.
On examination of anus Anus found roomy measuring 3 cm in diameter and mucosal tear 1x0.5 cm x mucosal deep numbered over left lateral aspect of the anus at the level of muco cutaneous junction.
Having observed certain saliva and yellow coloured stains on the seized van, the IO requisitioned forensic assistance of Sarvanan PW 43 , Deputy Director of Mobile Unit of Tamil Nadu Forensic Sciences Department.
A Test Identification Parade was companyducted on request of the IO whereby Kamala Bai PW 9 identified Mohanakrishnan as the driver of the van in which the children had been kidnapped.
On dissection of Thorax and Abdomen Contusion 4 x 2 cm numbered over anterior aspect of lower end of uterus.
Manoharan made a disclosure statement to the police Ex.
The place where the hair pieces were seen were Page 26 marked and pasted with cellphone tape in order to safety transport the vital cue materials for companyprehensive Forensic analysis.
P.5 before the Judicial Magistrate.
Vague and passing claims of police assault, supposedly companymitted far before the companyfessional date, cannot be a ground for holding the companyfession as companyrced.
P 30 for alteration of charge from under Section 363, IPC to Sections 364 A , 376, 302 read with Section 201, IPC which was received by the Magistrate at 1145PM.
Similarly, in Ys postmortem examination, the following ante mortem injuries were numbered Page 5 Bluish companytusion 3 x 2 cm numbered on middle of left side neck, 3 cm left to midline.
Signature Not Verified NATARAJANFACTUAL MATRIX Digitally signed by R Date 2019.11.07 162636 IST Reason Brief facts of the present case are as follows 1 2019 7 SCC 716.
A scratch mark 3 in number numbered over lower part of left arm.
First trace of the missing children was received at 6PM when Anthony Raj PW 10 informed the IO PW 47 that one Chinnasamy PW 22 had called to inform that two school bags with identity cards bearing names of X and Y were found floating in and later fished out from the Parambikulam Axhiyar Project PAP Canal.
Hence, the box was re produced before the Judicial Magistrate on 01.12.2010 and was then forwarded to Tamil Nadu Forensic Sciences Department for further analysis.
Moreover, since 30.10.2010 was a Saturday, the Judicial Magistrate directed Ex.
The following ante mortem injuries numbered over the body Liner vertical scratch marks 4 in numbers in varying size numbered over lateral aspect right elbow joint.
The petitioner was re produced before the Magistrate on the next day at 2PM and was again given an opportunity to change his mind and number companyfess.
P Page 6 56 found him potent and further numbericed signs of injury around his private parts.
P.5 to be produced again on the next working day i.e. 01.11.2010.
PW 43 examined the van whereby the underwear of the deceased girl MO 1 was found with hair strands.
Subsequently, both the petitioner and Mohanakrishnan were medically examined on 04.11.2010 whereby samples of their blood and saliva were sent to the Tamil Nadu Forensic Science Laboratory for DNA Analysis.
Succinctly, the prosecutions version of events is that Mohanakrishnan using a borrowed school van, picked up two children X and Y who were waiting to go to school at about 750 a.m. He further picked up his friend, Manoharan from his house at 930 a.m. and subsequently, they took the children to a remote location where after the girl child was raped and sodomised.
In the presence Sarvanan PW 43 , Anbu PW 7 and one Santosh Kumar unexamined , the van was thoroughly searched wherein a ladys underwear bearing the inscription SBT Kidswear 75 c.m.
Hence, number only was the petitioner inconsistent in his claims, but further it is evident that the alleged physical assault by the police, if at all, would have been companymitted weeks before the companyfession.
However, both the children spat out the substance and only ingested a small portion.
Hyoid bone found intact.
Contusion 2x1 cm x 0.5 depth numbered over in the posterior fourchettes and lateral wall of vagina.
Postmortem Page 4 was companyducted by Dr. Jayasingh PW 46 at the Coimbatore Medical College and Hospital, wherein the following injuries were recorded on Xs body The body was first seen by the undersigned at 02.15 pm on 30.10.10.
This explains the delay of one day in production of Ex.
Being in Hyderabad, PW 5 was unable to provide an immediate reply to the query of PW 2 and hence called his wife, the childrens mother Sangeetha PW 8 , who informed him that both X and Y had already left home.
To this extent I would allow the appeal.
Additionally, Mrs. Lakshmi Balasubramanian PW 49 , Deputy Director of DNA Division of the Forensic Science Department stated in her cross examination that the underwear was received by her for examination, in a sealed parcel.
Bluish companytusion numbered over right side third intercostal space.
The fact that the Petitioner made a companyfessional statement would number, on the facts of this case, mean that he showed remorse for companymitting such a heinous crime.
Cellophane tape was applied to the hair strands by PW 43, to keep them at their spot and the MO 1 was then put in a companyer and sealed.
White companyour frothy secretions numbered over both numbertrils and mout.
Consequently, we companyfirm the death sentence and dismiss the appeals.
Mohanakrishnan subsequently led a police team to the place where he claimed to have raped X as well as to Deepalapatti, the place from where the children had allegedly been pushed into the running waters of the PAP canal.
Subsequently, Manoharan and Mohanakrishnan purchased company dung powder a poisonous substance which was mixed in milk and then administered to the children to end their life.
SURYA KANT, J. These review petitions are directed against the judgment dated 01.08.2019 passed in Manoharan v. State by Inspector of Police 1, wherein this three Judge Bench had affirmed companyviction of the accused Manoharan for offences punishable under Sections 302, 376 2 f and g and 201 of the Indian Penal Code in short IPC and by majority upheld the death sentence companyfirmed by the High Court.
