M KUMAR ALIAS SARAVANAPANDIYAN Vs. STATE

JUDGEMENT

(1.) CHALLENGE is made to the judgment of the Sessions Division, Magalir Neethimandaram, Coimbatore, made in S.C.No. 133 of 2008 dated 19.2.2009 whereby the appellants, three in number, along with another accused ranked as A4 stood charged, tried and found guilty under section 376(2)(g) IPC and awarded life imprisonment along with fine of Rs.5000/- each, in default to undergo two years simple imprisonment.

(2.) THE short facts necessary for the disposal of this appeal can be stated as follows:

(3.) ADDED further learned counsel, in the instant case, according to the prosecution, A1 used his cell phone and the cell phone M.O.5 has been recovered from A3. If really there was an use of cell phone by the accused during the relevant point of time, there was no impediment for the Investigating Officer to call for necessary details from the cell company to prove the same but he has not investigated it in that line at all. Hence, it would falsify the prosecution case.