STATE Vs. SUKU

JUDGEMENT

(1.) The appellants in these three criminal appeals have been convicted by the Assistant Sessions Judge, Irinjakuda for the offence punishable under Ss.380, 392, 451, 461 and 376(g) read with S.34, I.P.C. Each of the accused has been sentenced to undergo rigorous imprisonment for a period of 10 years under S.376(g), rigorous imprisonment for 3 years under S.380, rigorous imprisonment for 4 years under S.392, rigorous imprisonment for 2 years under S.451 and rigorous imprisonment for one year under S.461, I.P.C.

(2.) Crl. Appeals Nos. 69 and 70 of 1987 have been filed from jail. Shri A.T. James appeared as a State Brief counsel on behalf of these two accused. Crl. Appeal No. 81 of 1981 is filed by the 3rd accused. The conviction and sentence entered against these accused is challenged.

(3.) P.W. 1 George had been residing along with his wife and two children in a house situated by the side of a paddy field. There are no immediate neighbours. The prosecution case is that on 8-4-1985 these accused trespassed into the house of P.W. 1 at about 1 O'clock in the night and in furtherance of their common intention committed theft of various articles kept in the house. All these accused were armed with daggers and knives. At first the first accused snatched the chain worn by P.W. 2. Then all of them threatened P.Ws. 1 and 2 with dire consequences and demanded that the almirah should be opened. The key of the almirah was kept in the kitchen in an earthen pot. P.W. 1 was taken to the kitchen at dagger point and the key was taken. The accused opened the almirah and removed various valuable items such as currency notes, watch, one polyester pant piece, double dothi and other materials. Thereafter the first accused took P.W. 2 to the eastern room. There she was made to lie on a cot and she was raped by the first accused. When the first accused was about to commit this heinous crime, P.W. 1 objected to this and he was beaten on his cheek by the first accused. He was also threatened by the first accused showing a knife. Then all the accused raped P.W. 2 successively and whenever an accused induldged in the crime the other two accused stood on either side of P.W. 1 and threatened him. All these accused were in the house for about one hour and after committing the crime they left the house. When the accused left the house of P.W. 1, P.Ws. 1 and 2 made a hue and cry and the neighbours came there. On the same day in the morning at 11 a.m. P.W. 1 went to the Chalakudy Police Station and gave information to P.W. 13. Few days thereafter these three accused were arrested from K.S.R.T.C. Bus stand, Muvattupuzha, by P.W. 11, the Circle Inspector of Police, Muvattupuzha. When these accused were questioned by P.W. 11, they unfolded the details of the crime committed by them. Thereafter these accused were shown to P.Ws. 1 and 2 and they identified them When P.Ws. 1 and 2 were further questioned by the police, they gave information to the effect that P.W. 2 was raped by the accused. In the first information statement given to the police P.W. 1 had not given any indication regarding the rape committed by the accused. P.Ws. 1 and 13 conducted further investigation in the case. The various items alleged to have been stolen from the house P.W. 1 were recovered pursuant to the information furnished by the accused. 3. On the side of the prosecution P.Ws. 1 to 14 were examined. The various incriminating articles recovered at the time of investigation were produced and identified by P.Ws. 1 to 14. The accused when questioned under S.313, Cr. P.C. completely denied their involvement in the crime.