P.SELVAM Vs. STATE

JUDGEMENT

(1.) The respondent Police registered case in Cr.No.109 of 2012 based on the complaint given by one Poongodi reporting that on 10/7/2012 at about 07.30 p.m., when she came out from her house to attend nature calls, the accused Anandan (A1), Selvam (A2) and Gopi (A3) came in a motor cycle bearing Reg.No.TN 28 Q 1998, Anandan (A1) and Selvam (A2) forcibly took her in the motorcycle to Chakkiliankaradu hill top and Gopi (A3) followed them by walk. Whole night the first accused (Anandan) forcibly raped her repeatedly, while the 2nd accused (Selvam) and the 3rd accused (Gopi) stood guard. On the next day morning at 08.00 a.m., her sister (Prabavathy), her husband (Azhagar) and her cousin (Saravanan) came in search of her. On seeing them, all the three accused ran away. A complaint was given on 11/7/2012 at 10.00 hours and the police registered a case under Ss. 366, 376 r/w 109 IPC. On completion of investigation, final report filed before the Judicial Magistrate No.I, Salem and taken on file as P.R.C.No.6 of 2013. Before the family Court, Salem on committal in S.C.No.246 of 2013 pending trial, the first accused Anandan absconded. Hence, case against him was spilt up and S.C.No.122 of 2017 was assigned to his case. Subsequently, the first accused (Anandan) was secured and both the cases were clubbed and taken up for trial together and common witnesses examined and common judgment delivered.

(2.) As against A1 to A3, charge under Sec. 366 of IPC was framed; as against A1 charge under Sec. 376(1) of IPC was framed; and as against A2 and A3, charge under Sec. 376 r/w 109 of IPC was framed. To prove the charges, the prosecution has examined 11 witnesses, marked 19 exhibits and 4 material objects.

(3.) Taking note of the evidence, the trial Court convicted A1 to A3 for the offence under Sec. 366 of IPC and sentenced them to undergo 10 years RI and pay a fine of Rs.5000.00 each (totally Rs.15,000.00) in default to undergo 3 months RI; convicted A1 for the offence under Sec. 376 of IPC and sentenced him to undergo 7 years RI and pay a fine of Rs.5,000.00 in default, to undergo 6 month SI and convicted A2 and A3 for the offence under Sec. 376 r/w 109 of IPC and sentenced them to undergo 7 years RI and to pay a fine of Rs.5,000.00 (Totally Rs.10,000.00), in default, to undergo 6 months SI. The entire fine amount of Rs.30,000.00 was ordered to be paid as compensation to the victim girl. The period of substantive sentence was ordered to run concurrently.