- (1.) These three appeals are directed against the common judgment of the High Court of Judicature at Madras dated 6th February, 2008 in Criminal Appeal Nos. 406 and 414 of 2000 confirming the common judgment passed in S.C. No. 255 of 1997 by the learned Assistant Sessions Judge, Namakkal dated 28th April, 2000 whereby the trial court had convicted and sentenced the appellants as under:- The appellants in Criminal Appeal No. 1053 of 2009 had been convicted under Sections 366 and 376 read with Section 109 IPC and sentenced to undergo rigorous imprisonment for ten years and a fine of Rs.500/-, in default of payment of fine to further undergo rigorous imprisonment for a period of three months. In Criminal Appeal No. 1063 of 2009, Sekar, appellant No.1, had been convicted under Sections 366 and 376 IPC and sentenced to undergo rigorous imprisonment for ten years and a fine of Rs.500/- in default of payment of fine to further undergo rigorous imprisonment for a period of three months. Appellant No.2 Kandasamy had been convicted under Sections 366 and 376 read with Section 109 IPC and sentenced to undergo rigorous imprisonment for ten years and a fine of Rs.500/-, in default of payment of fine to further undergo rigorous imprisonment for a period of three months. In Criminal Appeal No.1062 of 2009, both the appellants were convicted under Sections 366 and 376 read with Section 109 IPC and sentenced to undergo rigorous imprisonment for ten years and a fine of Rs.500/- in default of payment of fine to further undergo rigorous imprisonment for a period of three months.
(2.) Briefly stated the prosecution story is that PW2 (hereinafter referred to as the "victim" or "girl" according to context) is the daughter of Chinnathambi, (PW1) who is a teacher and resident of Nedupatti Village, Namakkal District, Tamil Nadu. The victim had failed in the SSLC examination. Therefore, she was admitted in private tutorial college called Seran Tutorial College.
(3.) It is alleged that on 31st July, 1993 at about 3.00 p.m. when she was walking near Nedupatti on the way to her house from the local bus stop, after attending her tutorial classes, Sekar (A1) told her that he loved her and wanted to marry her. The victim, however, did not agree to such proposal. Thereafter, a car bearing registration No. TTA 1886 came near the victim and she was forcibly pushed into the car by Sekar (A1). Rangaswami (A2), Paramasivam (A4) and Alamelu (A5) were already inside the car. This incident was informed to the father (PW1) of the victim by one Sugavanam, who had received a call from Sekar (A1). The incident was confirmed by another person called Thangavel (PW3) who informed PW1 about an hour later.;