KUMAR Vs. STATE

JUDGEMENT

(1.) THE above revision is directed against the order of conviction and sentence dated 24.3.1998 in C.A.No.18 of 1997, on the file of the learned Principal Sessions Judge, Chengalpattu, confirming the order of conviction and sentence passed by the learned Assistant Sessions Judge, Kancheepuram, in S.C.No.1 of 1996, dated 25.2.1997, convicting the Accused 1 and 2 under Secs.366 and 376, I.P.C. and sentencing them to undergo rigorous imprisonment for seven years and to pay a fine of Rs.1,000 for each offence, both the sentences to run concurrently, and convicting the third accused under Sec.376 I.P.C., read with 34, I.P.C. and sentencing him to undergo a rigorous imprisonment for seven years and to pay a fine of Rs.1,000 in default of which, to undergo a rigorous imprisonment for three months in addition.

(2.) THE revision petitioners are accused in S.C.No. 1 of 1996, on the file of the learned Assistant Sessions Judge, Kancheepuram. A-1 and A-2 were facing trial for the offences punishable under Secs.366 and 376, I.P.C, whereas, A-3 was facing trial for the offence punishable under Secs.376 read with 34, I.P.C. with regard to an alleged occurrence, said to have been taken place 21.12.1994 at about 6.30 p.m. Azhvar Colony, within the jurisdiction of the respondent police station.

(3.) MR.Sudanthiram further contends that no internal injuries were found on her private parts, or near her thigh and this would again prove that she was not subjected to any force.