THEMIZ MOHAMMED AYAPALLY Vs. STATE OF KERALA

JUDGEMENT

(1.) This Crl.M.C has been filed to quash all further proceedings against the petitioner on the ground of acquittal of the remaining accused.

(2.) A crime was registered as Crime No.7/2003 of Vazhakkad Police Station against the petitioner and four other accused for the offences punishable under Ss. 366 and 376(2)(g) r/w 34 of IPC. The petitioner was arrayed as the 4th accused.

(3.) The prosecution case in short is that on 7/1/2003 the petitioner along with the remaining accused kidnapped the victim/2nd respondent, took her into a far away place at Ootty with the intention to commit rape on her and thereafter accused Nos.2, 3 and 5 committed gang rape on her and the petitioner assisted them in committing the rape.