SANKAR GANESH Vs. STATE

JUDGEMENT

(1.) THIS judgment shall govern these two appeals, namely C.A.Nos.134 and 188 of 2005.

(2.) C.A.No.134 of 2005 is filed by A-3 and C.A.No.188 of 2005 is filed by A-2 and A-4. These three appellants along with one another, who was shown as A-1, stood charged and tried as follows: Charges:

(3.) ADVANCING his arguments on behalf of the appellants, the learned counsel would submit that the lower court has taken an erroneous view; that in the instant case, the prosecution has miserably failed to prove any one of the charges levelled against the appellants; that the gist of the case of prosecution was that on the date of occurrence that was on 27.5.1995 at about 11.00 p.m., P.Ws.1 and 2 proceeded towards their village; that the accused persons waylaid them and dragged them to the nearby Natrayan field and raped them continuously from 12.00 midnight to 4.00 a.m.; that during that time, the thali chain of P.W.1 was snatched; that when the villagers came, all the accused fled away from the place of occurrence; and that on the complaint of P.Ws.1 and 2, the accused were arrested and interrogated.