STATE Vs. SENTHILKUMAR

JUDGEMENT

(1.) This Criminal Appeal has been filed by the State against the order of acquittal of the petitioner herein/A.2 dtd. 18/3/2004 passed by the learned Additional District Sessions Judge (Fast Track Court No.1) Thindivanam made in C.A.No.7/2004 and prayed this Court to convict the accused for the offence under Sec. 376(2) (g) IPC .

(2.) The petitioner herein is A2. The trial Court convicted the A1 and A2 for the offence under Sec. 376 (2) (g) IPC and sentenced them to undergo Rigorous Imprisonment each for seven years with fine of Rs.5,000.00 in default to undergo Rigorous Imprisonment for three months.

(3.) Aggrieved by the said order of conviction, A1 and A2, preferred appeals before the learned Additional District Sessions Judge (Fast Track Court No.1) Thindivanam, in Criminal Appeal Nos.3 and 7 of 2004 respectively. After elaborate trial, the lower Appellate Court came to the conclusion that A1 and A2 are not liable to be punished under Sec. 376(2)(g) I.P.C. Accordingly, the lower appellate court altered the convicted A1 and A2 as 354 I.P.C ., instead of 376(2)(g) I.P.C ., and sentenced both A1 and A2 to undergo two years Rigorous Imprisonment with fine of Rs.2,000.00.