MEHBOOB BATCHA Vs. STATE

JUDGEMENT

(1.) Criminal Appeal No.677 of 1997 is by A3, A6, A8 and A10 and Criminal Appeal No.680 of 1997 is by A1 and A2, in Sessions Case No.99 of 1993 on the file of the Principal Sessions Judge, Cuddalore. Since both the appeals arise out of a single Sessions Case, they are disposed of by the following common judgment.

(2.) In this judgment, the appellants in Crl.A.No.680 of 1997 will be referred to as accused 1 and 2 (A1 and A2) and the appellants in Crl.A.No.677 of 1997 as accused 3, 6, 8 and 10 (A3, A6, A8 and A10) respectively in the order they were arrayed before the learned Sessions Judge, for the sake of convenience. The appellants were tried along with 5 others, who were acquitted and in this judgment, they will be referred to as A4, A5, A7, A9 and A11 in the same order as they were arrayed before the learned Sessions Judge.

(3.) The allegation against the appellants in the above two appeals and the acquitted accused is that they being members of a special team of police officers, formed to nab the culprits involved in various offences of theft in and around Chidambaram, wrongfully confined Nandagopal from the early hours of 30.5.1992 till 2.6.1992 and during the course of such wrongful confinement, they caused injuries on Nandagopal by beating him with sticks and also gang-raped Padmini, P.W.1, who is the wife of Nandagopal, during the said period and later, prepared documents to make it appear that Nandagopal was actually arrested at 5.30 p.m. on 2.6.1992, and thereby committed various offences.