VIJAYAN Vs. STATE

JUDGEMENT

(1.) Accused 1 to 3 in S.C. No. 187 of 1986 on the file of the Assistant Sessions Judge, Sankari, preferred this appeal challenging the legality and correctness of the conviction of accused 1 and 2 under S. 376(2)(g), Indian Penal Code, and sentence to undergo rigorous imprisonment for ten years and that of the third accused under S. 376(2)(g) read with S. 511, Indian Penal Code and the sentence to undergo rigorous imprisonment for five years. These appellants were tried for the charge under S. 376(2)(g) Indian Penal Code on the allegation that on 16-2-1986 between 2 a.m. and 4 a.m. at Mettur Thermal Power Project, in the lane behind the E.B. office, P.W. 1 Sakunthala was subjected to rape, by accused 1 to 3, against her wishes and thereby committed the offence of rape under S. 376(2)(g) of the Indian Penal Code. In respect of the above charge, the prosecution examined P.Ws. 1 to 11, filed Exs.P1 to 13 and marked M.O.S. 1 and 2.

(2.) The case of the prosecution as disclosed from the oral and documentary evidence can be briefly stated as follows : P.W. 1 Sakunthala and her husband were coolies and they are residing at Mettur-Salem Camp. On the day of occurrence, namely, on 16/02/1986, Saturday, after getting her wages at about 9 p.m. from Thermal Power Project, she and her husband went to hotel and took meals. While they were returning along the road leading to Thottilapatti, 4 or 5 persons were indulging in creating kalatta on the way. Being afraid, they returned to the Thermal Power Project and both of them were lying in the E.B. Shed, opposite to Ronega Company in the Thermal Power Project and were sleeping. The security officer of the Ronega Company came and woke them up and told them that they should not sleep there and he took them to the main gate and entrusted at the main gate. At that time in the main gate entrance, three persons in ordinary kakki dress and three other persons in mufti were standing three. They allowed P.W. 1 and her husband to take their bed in the guard room and went away.

(3.) At about 2 a.m. the first accused woke P.W. 1 up and questioned her as to whether they came for committing theft and threatened her that they would be entrusted with police. He took her to a place by saying that if she stayed there, they would be caught and produced before police charging that they committed theft of iron and so saying, he pushed her down and also removed her skirt and saree above the hip. He removed his dress, including his jatti and thrusted his male organ in her private part. Thereupon he went and talked to two other persons who were in mufti. One of them (she identified him as the third accused) was standing at a distance. Another person (whom she identified before Court as the second accused) came and removed his lungi and drawer and he also did the same as was done by the first accused. Since his private part did not enter the private part of P.W. 1, he pressed the same with his hand. He told the third accused that P.W. 1 was adamant. Thereupon the third accused came there and dragged her jacket and removed the button on the back side and squeezed her breast and kissed her. Thereupon she was taken to the place where she was first sleeping. The first accused was talking to her husband at the guard room. She informed her husband as to what happened. They detained them till the next morning at about 6 a.m. and allowed them to go after threatening that they should not reveal the same to anybody. They were all keeping watch over them fearing that they would inform the incident to anybody.