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5. The scene plan produced by the prosecution is as vague as possible and does not help the Court at all to understand the relevant facts attempted to be brought out in evidence, with reference to the scene of occurrence. Rule 75 of the Criminal Rules of Practice is pointed out to emphasize the importance of the Scene Plan. Koshy @ Baby v. State 1991 KHC 18 is relied on to further buttress this contention. There is serious doubt as to whether there were tube lights fixed on the festival grounds and more particularly, near the house of PW12. PW49 speaks of the minutes book of the temple committee having been seized by Ext.P10 mahazar which was not produced. PW17, who is said to have put up the lights, was not questioned by the Police. PW12 admits that there was no power connection in her house and there was no possibility of PW23 having seen the attack and Crl.A Nos.929/2016 & 1082/2016 identified the assailants at night. More particularly, it has come out that the property of PW12 is at a height of more than six feet from the temple grounds. PW23's statement that he stood up on a ridge to witness the incident, is improbable especially since he had a child sleeping on his shoulders. There is also evidence to show that there was another property between that of PW12 and the alleged position of PW23; thus belying his contention of clear vision; falsified further by the testimony of PW46, who took photos of the scene of occurrence.

24. The topography of the temple and the surroundings is a major area of challenge raised by the defence to assail the prosecution case. The scene plan as stated by the defence does not even have the bare minimum details and we cannot but observe that there should be better care bestowed in drawing up such scene plans as held in Koshy @ Baby (supra). Scene plans help the Courts to examine the evidence especially the circumstances, with reference to the scene of occurrence. Though the Village Officer, PW 38 deposed that he prepared the scene plan on the instruction of the I.O, the I.O denied his presence at the time when the scene plan was prepared. Be that as it may, what comes out from the scene plan at Ext.P39 is that the Palakkal Bhagawathi Temple lies to Crl.A Nos.929/2016 & 1082/2016 the north west of the Manikandeswaram Centre, a junction on the Althara-Kunnamkulam road. To the immediate west of the Temple is the large pond having an area of about an acre. To the south of the Temple is PW12's house which as per the scene plan is about 42 metres from the Temple. There is also a coconut plantation to the immediate east of the Temple. The Temple and the pond is situated about 6 feet, lower to the property of PW12 and the immediate property to the north of PW12's property as per the testimonies. PW2 in his evidence said that there is a pathway, from the Manikandeswaram Centre to the Palakkal Temple, on both sides of which there are properties. The pathway proceeds through the north of the nursery to the Palakkal Temple. The pathway and the Temple are at a lower level and there is a slope on the south of the Temple to proceed to the properties lying at a higher level. PW2 spoke of having gone through the pathway in search of Shameer when they saw PW5. PW1 & PW5 also spoke of the topography as spoken by PW2. It was further stated that there was no fence separating the property of PW12 from that on its west. In understanding the topography we Crl.A Nos.929/2016 & 1082/2016 can also usefully refer to DW1's evidence. He speaks of the pathway going through the north of the nursery, proceeding to the west which reaches the southern side of the Palakkal Temple. From the pond the canal proceeds to the south, to the west of which, there is one property, to the north west of which lies PW12's property. He also speaks of the pond having an extent of one acre which is bordered on all sides by pathways. He also speaks of the way to PW23's sister's house from the Palakkal Temple. According to him from the Palakkal Temple one has to go down to the pathway on its west which pathway lies on the eastern boundary of the pond. From there, one has to go south through that pathway and turn towards the west, on the pathway bordering the southern boundary of the pond and then turn north on the pathway on the western boundary of the pond. To the south of the Temple lies the pathway through the southern boundary of the pond and further south lies PW12's property which is on a higher plane reachable through the slope on the southern boundary of the pond. The pathway on the southern boundary of the pond has to be used by PW23 to go from Crl.A Nos.929/2016 & 1082/2016 the festival grounds to his sisters house. It is from there, PW23 stepped on to a ridge and witnessed the scene. The child was only 4 years old and was sleeping on his shoulders, not an improbable version. PW5 also saw PW23 standing on the ridge and looking towards the property of PW12.