L MURUGAN Vs. STATE

JUDGEMENT

(1.) CRL.R.C.No.683 of 2004 has been preferred by A1 and A2 and CRL.R.C.No.863 of 2004 has been preferred by A3 in S.C.No.80 of 2003 on the file of the Assistant Sessions Judge, Sankari, Salem.

(2.) THE short facts of the prosecution case sans irrelevant particulars are that on 21.7.1994 at about 5.00 p.m., when the victim girl "A" aged 14, while retuning from Upparapattiyar , after parking her cycle near a tea shop was proceeding to her house via., Ayyathurai Kuttichikattu both A1 and A2 wrongfully restrained and caught hold of her committed the offence of rape and A3 had gagged the victim in order to facilitate A1 and A2 to commit the crime. A1 and A2 were charged under Sections 341 and 376 of IPC and A3 was charged under Sections 341,323, and 376 r/w 511 of IPC. THE charge sheet was filed before the learned Judicial Magistrate No.2, Sankagiri who had issued summons to the accused and on their appearance furnished copies under Section 207 of Cr.P.C. and since the case is exclusively triable by the Court of Sessions, who had committed under Section 209 of Cr.P.C.. On appearance of the accused, the learned Sessions Judge framed charges as indicated above against the accused and when questioned, the accused pleaded not guilty.

(3.) WHEN incriminating circumstances under Section 313 Cr.P.C. were put to the accused, they would deny their complicity with the crime. The accused have examined a teacher in Elampillai Government Higher Secondary School through whom Ex D1 admission register and Ex D2 Attendance Register relating to P.W.1 were marked.