KUPPA ALIAS JOHNY ALIAS MUNIYAPPA, VENKATASWAMY ALIAS PATELA, MARAPPA ALIAS MARGA AND MUNIYAPPA Vs. STATE BY TAVAREKERE POLICE

JUDGEMENT

(1.) THE appellants (hereinafter referred to as accused Nos. 1, 4 to 6) were tried along with accused Nos. 2, 3, 7 and 8 for offences punishable under Sections 143, 147, 148, 427, 448, 342, 395 and 376(g) r/w 149 IPC in S.C. No. 56/2008 on the file of Fast Track Court -V, Bangalore. The learned Sessions Judge held accused Nos. 1 to 8 guilty of the offences punishable under Sections 427, 448, 342, 395 and 376(g) IPC and sentenced them to undergo imprisonment for various periods ranging from 6 months to 10 years for the afore -stated offences. The accused Nos. 2, 3 and 8 had filed Crl.A. No. 1136/2010 and accused No. 7 had filed Crl.A. No. 896/2011 against the judgment of conviction and sentence passed in S.C. No. 56/2008. This court by judgment dated 13.06.2013, acquitted accused Nos. 2, 3, 7 and 8 of the afore -stated offences. The instant appeal is filed by accused Nos. 1, 4 to 6.

(2.) I have heard Sri. R. Srinivasa, learned counsel for accused Nos. 1, 4 to 6 and learned SPP for the respondent -State.

(3.) IN Crl.A. No. 1136/2010 and Crl.A. No. 896/2011, this Court has acquitted accused Nos. 2, 3, 7 and 8. This court while acquitting the said accused, has held; the evidence of victim is not trustworthy; the evidence of the victim is not supported by medical evidence; the victim has deposed that she was dragged by accused Nos. 1 to 8 at a distance of one furlong from the house and yet the victim had not suffered injuries or scratches; the evidence of victim that she was gang raped by 5 amongst 8 accused, however she had not suffered any injuries on her private parts or other parts of the body. There is discrepancy regarding the place of incident; The spot mahazar prepared by the police does not lend corroboration to the evidence of victim regarding the place of incident.