SUBRU @ SUBRAMANI Vs. STATE, REP.BY THE INSPECTOR OF POLICE, ROYAKOTTAI POLICE STATION, KRISHNAGIRI DISTRICT,NO.370 OF 2014

JUDGEMENT

(1.) A gang rapist - it is alleged - who stands convicted for the offences under Sections 341, 323, 506(ii), 392 read with Sec. 379 IPC, 376(D) Penal Code and under Sec. 4 of the Tamil Nadu Prohibition of Women Harassment Act, has come up with this appeal, challenging the conviction and sentences. He is the second accused in S.C. No.30 of 2015, on the file of the learned Sessions Judge, Fast Track Mahila Court, Krishnagiri. There were three other accused in this case, by name, C.Prakash, I.G. Mani @ Mani and T. Prakash. The trial Court framed as many as eight charges against all the four accused, as detailed below : <FRM>JUDGEMENT_187_LAWS(MAD)1_2017_1.html</FRM> By judgment dated 15.10.2015, the trial Court convicted all the four accused as detailed below: <FRM>JUDGEMENT_187_LAWS(MAD)1_2017_2.html</FRM> In respect of the other offences, the trial Court has acquitted them. Challenging the said conviction and sentences, the appellant/the second accused alone has come up with this appeal. The other accused have not filed any appeal so far.

(2.) The case of the prosecution in brief is as follows:

(3.) Based on the above materials, the trail Court framed charges against the accused, as already elaborated. The accused denied the same as false. In order to prove the case, on the side of the prosecution, as many as 26 witnesses were examined, 34 documents were marked, besides 26 material objects. Out of the said witnesses, P.Ws.1 and 3 have spoken about the entire occurrence. P.W.1 has further spoken about the complaint made by her to the police as well as the statement made by her to the learned Judicial Magistrate under Sec. 164 Crimial P.C. She has vividly narrated the horror meted out to her at the hands of these accused. P.W.3 has also narrated every part of the incident in a vivid fashion. P.W.2, the mother of P.W.1, had stated that P.W.1, on the day of occurrence, in her college uniform, went to the college. But, in the evening she did not return. From the police Station, P.W.1 informed her over phone about the happenings. Then she, along with her husband P.W.8, went to the police station. P.W.8, the father of P.W.1, has also stated so.