P.SURYAKUMAR Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) The appeal arises out of the judgement of conviction of the appellants imposed by the learned Additional Sessions Judge, Mahila Court, Chennai in S.C.No.451 of 2000 wherein the appellant by name Mr.P.Suryakumar [2nd accused] has been convicted for offence under Sec. 376 (1) of IPC (on two counts)and in respect of each count he was sentenced to undergo R.I. for a period of 8 year and to pay a fine of Rs.10,000.00 in default to undergo S.I. for a period of 6 months.

(2.) The appellant and other accused namely Ganesan and Vijayasanthi were arrayed as accused in C.C.No.8 of 2000 arising out of the same first information report. In the said case also the accused Ganesan stood charged for offence under Sec. 354 of IPC; accused Mr.Suryakumar(appellant herein) and the accused Vijayasanthi [appellant herein] stood charged for offence under Sec. 324 of IPC.

(3.) Yet another case in arising out of the same first information report [FIR] was also tried by the same Court. In the said case, Mr.Suryakumar [appellant herein] and Vijayasanthi were the accused. Mr.Suryakumar [appellant herein] stood charged for offence under 376 of IPC and the appellant Vijayasanthi stood charged for offence under Sec. 372, 376 r/w 109 of IPC.