- (1.) The appellant in all these three criminal appeals are the accused in S.C.No.56 of 2012 on the file of the learned Principal District and Sessions Judge, Ariyalur and they stand convicted for an offence under Section 366 IPC and sentenced to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs.2,500/-, in default to undergo rigorous imprisonment for six months. Aggrieved by the said conviction and sentence, the appellants have preferred the above said criminal appeals before this Court.
(2.) These appeals are taken up for final hearing with the consent of both the parties since the learned counsel for the appellants submitted that the appellants are not challenging the conviction imposed upon them, but they plead for the reduction of the sentence of imprisonment imposed upon them. The learned counsel has also filed an affidavit of accused 1 to 5 except the second accused. The learned counsel has made an endorsement on behalf of the second accused that he too is confining his appeal only to the question of sentence.
(3.) The case of the prosecution, in brief, is that P.W.2, Revathy is the victim girl in this case. P.W.5 is the mother of P.W.2. P.W.1 is the junior paternal uncle of P.W.5. P.W.3 is the cousin of P.W.2. P.W.4 is also related to P.W.2. (ii) One week prior to the occurrence, the fourth accused requested P.W.1 to give P.W.2 in marriage to him. The fourth accused approached P.W.1 since the father of P.W.2 had already expired. Though, the fourth accused wanted to marry P.W.2, P.W.2 had refused his request. As P.Ws.1, 2 and 5 refused the marriage of P.W.2 with the fourth accused, the fourth accused decided to abduct the victim girl, P.W.2. On 11.4.2009 at about 4.00 p.m, when P.Ws.2 and 3 were going to the field near Ayyanar Temple, accused 1 and 3 came there and they forcibly lifted P.W.2 and put her inside a Van which was standing there. Accused 2 and 4 were sitting inside the Van. The fifth accused drove the Van. While the vehicle was running, P.W.2 was threatened by all the accused and she was forced to marry the fourth accused. But P.W.2 expressed her unwillingness to marry the fourth accused. Though the accused insisted P.W.2 to give her consent to marry the fourth accused, she had not budged. P.W.2 began to cry and also persuaded the accused to take her to her mother's place. The driver of the Van took the vehicle to Thanipady Police Station. In the meantime, P.W.1 had gone to Thanipady Police Station and gave a complaint, Ex.P.1. (iii) P.W.13, Inspector of Police on receiving complaint registered a case on 12.4.2009 at about 9.00 a.m in Cr.No.13 of 2012 for the offences under Section 147 and 366 A IPC and prepared First Information Report, Ex.P.7. P.W.13 on receiving the information that the victim girl was available at Thanipady bus stop along with the accused, proceeded to that place and arrested accused 4 and 5, who are available in the Van. P.W.2, victim girl, who was in the Van was secured. He seized the vehicle. The victim girl was sent for medical examination. P.W.13 after completing the investigation, laid a final report.;