SEKAR Vs. STATE

JUDGEMENT

(1.) THESE Criminal Appeals have been filed by the accused Nos.1,2,4,5,7 and 8 in S.C.No.255 of 1997 as against their respective conviction and sentences passed by the learned Assistant Sessions Judge, Namakkal, for the offences committed by them under Sections 366 and 376 IPC.

(2.) THE brief facts which lead to the filing of these Criminal Appeals are as follows: - (a) P.W.1 is the father of the victim girl P.w.2. P.W.1 is a Teacher. He is a handicapped person. P.W.2, his daughter had failed in her SSLC Examination and she was admitted in a private Tutorial College by name Seran Tutorial College. On 31.7.1993 at about 8.00 pm., when she was walking near Nadupatti, on the way to her house from the Vennandur Union Bus stop, after attending the Tutorial Classes, A.1 told her that he loves her and wants to marry her, which was disagreed by P.W.2. At that time a car bearing Registration No.TTA -1886 came near her and A.1 pushed PW.2 inside the car by applying force and A.2,4,5 were already in the car. The incident was informed to P.w.1, father of the victim girl by one Sugavanam, confirmed by another person by name Thangavel, after an hour. Since P.w.1 was handicapped and unable to walk he sent her relatives in search of P.w.2 and having failed in their search, at last, he filed Ex.P.1 complaint on 2.8.1993. In the meanwhile A.1, along with A.2,4,5, who kidnapped P.w.2, went to the house of one Selvi, her sister at Pudupatti and locked up her inside a room. Then, P.W.2 was forced by A.4, 6 and 8 to marry A.1, which was refused by P.W.2. Then P.w.7 stated that "why should we get her consent, we should go to the temple on the next day morning where A.1 will marry P.W.2". As stated by A.7, all went to Arapaleeswarar Temple at Kolli Hills on the next day morning and in their presence A.1 put the Thali on the neck of P.W.2, inspite of the resistance shown by P.W.2. Thereafter she was taken to Mullukurichi and in a house she was raped for three days and on 4.8.1993 she was taken by A.1 to Palampatti. In the meanwhile since it was known to A.1 that P.w.2 was being searched by the Police, A.1 taken her to Thiruverumbur Police Station where he informed them that marriage gook place between them.

(3.) ON behalf of the prosecution P.Ws 1 to 14 have been examined and Exs.P.1 to P.16 have been marked, besides M.Os 1 to 11. On behalf of the accused no one was examined and no document was produced.