BABU Vs. STATE REP

JUDGEMENT

(1.) This appeal is directed against the Judgment dated 10.09.2001 rendered in S.C.No.144 of 1995 by the Court of Assistant Sessions Judge, Tiruppur, thereby convicting the appellants, who are accused Nos.1 to 6 before the trial Court, for the commission of offence under Section 376 IPC and sentencing each of them to undergo RI for 10 years further acquitting them for the offences punishable under Sections 323 and 323 r/w 149 and 34 IPC.

(2.) The charge against the appellants, who were accused before the Court of Assistant Sessions Judge, Tiruppur, is that the accused Nos.1 to 6 joining hands with each other on 20.11.1994 at about 10.00 p.m, while accused Nos.2,3,4 and 6 committed rape on the victim Selvi against her will when the other accused No.1 and 5 accompanied and helped them with a common intention of committing rape on the victim Selvi; that the first accused also assaulted one Palanisamy, the brother of the victim, by slapping on his cheek and at that time, the other accused were also present and hence the charge against all of them under Sections 376, 323, 323 r/w 149 and 34 IPC.

(3.) The case of the prosecution is that on 20.11.1994, at about 10.00 p.m at Kempanaikenpalayam, when the victim Selvi along with her brother Palanisamy were returning home in a bicycle after watching a movie, when the said Selvi was the pillion rider, the accused 1 to 6 joining hands with each other and with intent to voluntarily and against her Will to have sexual intercourse with her, chased the bicycle in which the victim Selvi was travelling as a pillion rider and dashed against the same making her and the rider of the cycle Palanisamy fell to the ground; that when the said Palanisamy questioned such of the acts of the accused, the first accused slapped him on his cheek causing injuries and all the six accused taking the said Selvi away from the said Palanisamy and reaching at a damaged Wall, the accused Nos.2 to 4 and 6 raped the victim Selvi against her Will one by one and the other accused Nos.1 and 5 also were in the company of those who committed the offence sharing the common intention to rape. Therefore, all the accused Nos.1 to 6 were charged for the offence punishable under Section 376 IPC and since at the same time, place and in the course of the transaction, the first accused, in the presence of the other accused Nos.2 to 6, assaulted the witness Palanisamy by slapping on his cheek and caused injury, the accused have become further punishable for the offences punishable under Sections 323, 323 r/w 149 and 34 IPC.