SURESH Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellants are accused Nos. 1, 3, 5, 6, 11 and 12 in S.C. No. 170 of 2003 convicted and sentenced for the offences under Ss. 143, 147, 148, 341, 427 and 452 r/w 149 IPC as per judgment dtd. 6/3/2006 of the Additional District and Sessions Judge, Fast Track, (Adhoc-I), Kozhikode. The revision petitioner is the de facto complainant and she is challenging the acquittal of the appellants for the offences under Ss. 354, 395 and 511 of 376 IPC and the acquittal of accused Nos. 2, 4, 7, 8, 9 and 10 of all the charges levelled against them.

(2.) A perusal of the committal order dtd. 21/10/2002 in C.P No. 67 of 2002 of the Judicial First Class Magistrate, Nadapuram and the proceedings of the Magistrate would show that the original first accused, Binu, died before committal and the 8th accused, Raghavan, was absconding and therefore, only the case as against the other accused was committed for trial.

(3.) The prosecution case is that all the 12 accused, along with two others, formed an unlawful assembly, armed with deadly weapons and trespassed in to the house of PW1 at about 5.30 p.m., on 15/1/2001 by break opening the doors and thereafter, wrongfully restrained PW1 and other members of the house. The accused persons outraged the modesty of PW1 and also attempted to rape her in the presence of her children. The accused persons destroyed the utensils and other articles in the house and they also looted the valuables kept in the house and thus, committed the offences as aforesaid.