RAJENDRAN AND Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) On 13-4-1990 mid night at 2.00 a.m., the victim girl Kalaiselvi P.W. 1 aged about 19 years along with her sister P.W. 2 aged about 12 years was proceeding towards home after attending the Thiruvizha function at Esakiamman temple. The accused 1 to 10 who came in three cycles waylaid them and forcibly kidnapped P.W. 1 by putting in the cycle and took her to a place where a new construction was being done and made her to lie down on the sand portion of the new built up house and all of them committed gang rape.

(2.) All the 10 accused were facing trial in S.C. No. 332 of 1991 in respect of the above accusation. After trial, all were convicted for the offences under Section 366 and 376(g) of IPC and sentenced to undergo rigorous imprisonment for five years on each count and the sentences were directed to run concurrently.

(3.) All the accused, i..e. A1 to A10 filed a common appeal before the appellate Court challenging the conviction and sentence in C.A. No. 35 of 1999. The appellate Court confirmed the conviction and sentence imposed by the trial Court and dismissed the appeal. Challenging the same, A1 Arokiyasamy, A4 John Britto, A5 Stanley, A6 Maneksha and A3 Ponraj filed a separate revision in Crl. R.C. No. 206 of 2000 and A8 Rajendran filed a separate revision in Crl. R.C. No. 120 of 2000.