SANTHI Vs. STATE

JUDGEMENT

(1.) SINCE these appeals arise out of a common order passed by the learned I Additional Sessions Judge, Salem and since on account of the said judgment a common complaint has been filed against them in C.C.No.206 of 2005 before the Judicial Magistrate No.III, Salem these appeals are heard jointly and they are disposed of by means of this common judgment.

(2.) THE background facts of the case are as follows:

(3.) ON those allegations, a charge was framed against Senthil Kumar under Section 302 of I.P.C. in Sessions No.62 of 2002 on the file of the learned I Additional Sessions Judge, Salem. The appellants in C.A.No.301 of 2005 were cited as prosecution witnesses. The first appellant, Santhi was examined as P.W.1 in the said case. In her deposition, she told the Court that the deceased was attacked only by P.W.5 with a view of ward off the sexual assault attempted to be made by the deceased. However, the prosecution did not treat her as hostile so as to cross examine her to contradict her in respect of her earlier statement. The second appellant Mrs.Kasthuri was examined as P.W.5, in the said case. She also told that at the time of occurrence, the deceased made an attempt on her sexually and in order to ward off the same, she attacked the deceased with a knife. She was also not treated as hostile so as to cross examine her and to contradict with her earlier statements.