STEPHEN JOSEPH Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellants were charged with and tried for offences punishable under Sections 376(2)(b) and (c) r/w. S. 34 I.P.C. and also under Sections 3(1)(xii) and 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Briefly put, the case divulged by the prosecution through the witnesses examined before the court below, is as follows:

(2.) On completing the formalities, the case was committed to the Sessions Court, Thodupuzha, where it was taken on file as S.C. No. 473 of 2003. Pursuant to the summons, A1 and A2 appeared before the Trial Court and pleaded not guilty. They were defended by counsel of their choice. In the trial which followed, the prosecution examined 14 witnesses as PWs. 1 to 14 and Exts. P1 to P25 were proved. On the side of the defence, DWs. 1 to 3 were examined and Exts. B1, XI and X2 were marked.

(3.) At the close of trial, the court found both the accused guilty of the offences punishable under Sections 376(2)(b) and (c) of the Indian Penal Code and also under Sections 3(1)(xii) and 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and sentenced each of them to undergo imprisonment for life and to pay a fine of Rs. 50,000/- each with rigorous imprisonment for a further period of one year each, in default of payment of fine for offences punishable under S. 376 I.P.C., and to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs. 5,000/- with rigorous imprisonment for a further period of six months, in default for each of the offences under S. 3(1)(xii) and S. 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The trial court has specifically ordered that A1 and A2 are not entitled to set off for the period of imprisonment which they were undergoing from 5.5.2006 to 8.7.2009 in S.C. No. 486 of 2003, which is a similar case alleging rape of another student. It is against this conviction and sentence these appeals have been preferred.