GOVINDAN Vs. STATE BY INSPECTOR OF POLICE

JUDGEMENT

(1.) These Criminal Appeals are filed, against the judgement of conviction and sentence, dated 05.10.2010, made in SC.No.243/2007, by the learned Special Judge, Principal Sessions Court, Villupuram, (a) acquitting the Appellants/A2 and A1 for the offences under Section 506(2) of IPC read with 3(1)(x) of SC/ST (Prevention of Atrocities) Act, (b) convicting and sentencing the Appellant/A1 for the offence under Section 376 of IPC to undergo ten years Rigorous Imprisonment and to pay a fine of Rs.25,000/- each, in default, to undergo two years Rigorous Imprisonment and (c) convicting and sentencing the Appellant/A2 for the offence under Sections 376 of IPC read with read with 3(2)(v) of SC/ST (Prevention of Atrocities) Act, to undergo ten years Rigorous Imprisonment and to pay a fine of Rs.25,000/- in default, to undergo two years Rigorous Imprisonment.

(2.) The case of the Prosecution has arisen, on the basis of the complaint, Ex.P1, dated 14.09.2006, given by the victim/ Kanagarani/ Prosecutrix/PW.1, aged about 36 years, belongs to Hindu Adidravidar Community and residing at Perani Railway Colony, alleging that on 12.09.2006 at about 20.00 hours, she was returning to her village in a bus after her work and since she slept, she missed her stop and she got down at Periya Thatchur Bus Stop and was waiting to board another bus to go to her village, viz., Perani Railway Gate Colony and that at that time, the Appellant/A1, who came in a motorcycle, had asked the victim to come with him as he was also going to the same Village and that when the victim refused to go with him, the Appellant/A1 forcibly made her to sit behind him in the motorcycle and was riding the motorcycle towards their village. It is further alleged in the complaint, Ex.P1 that at that time, the Appellant/A2 was coming in a motorcycle, behind them and that the Appellant/A1 stopped the motorcycle near the land of Kavvukannan and forcibly made the victim to get down at that place and the Appellant/A2 also got down at that time and that both the Appellants/A1 and A2 took her to a field and forcibly committed the offence of rape on her, against her will and also criminally intimidated her not to disclose the same to anybody. The Respondent, after investigation, had filed the final report against the Appellant/A1 for the offence under Sections Sections 376 and 506(ii) of IPC and against the Appellant/A2 for the offence Sections 376, 506(ii) of IPC and Section 3(2)(5) of the SC/ST (Prevention of Atrocities) Act.

(3.) The case was taken on file in PRC.No.10/2007 on the file of the learned Judicial Magistrate No.2, Tindivanam and subsequently, the case was made over to the Court of Special Judge, Principal Sessions Court, Villupuram, in SC.No.243/2007 and necessary charges were framed. The accused had denied the charges and sought for trial. In order to bring home the charges against the accused, the prosecution examined PW.1 to PW.9 and also marked Exs.P1 to P8. No oral or documentary evidence was let in on the side of the defence.