K. PRABHAKARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The appeal arises out of the judgment and order dated 23.05.2013 in criminal Appeal No.1667/2004 passed by the High Court of Kerala at Earnakulam whereby the conviction of the appellants was upheld.

(2.) The facts of the case are that on 20.09.2001, appellant No.1 raped the victim after giving her a drink which made her drowsy. Appellant No.2 took her photographs and this continued for four days and on 25.09.2001 she was finally let off. On her complaint, Ex. P1 was filed and investigation was started.

(3.) The trial Court came to the conclusion that case against the appellants was established and convicted appellant No.1 for the offence punishable under Section 366 read with Section 34 and Section 376, IPC and he was sentenced to rigorous imprisonment for three years for offence under Section 366 read with Section 34, IPC and 'sentence of 10 years rigorous imprisonment for offence under Section 376, IPC. Appellant No.2 was sentenced to undergo rigorous imprisonment for one year for offence under Section 366 read with Section 34, IPC and rigorous imprisonment for one year for offence under Section 376 read with 109, IPC. She was also directed to pay a fine of Rs.1,00,000/- and in default to suffer rigorous imprisonment for a further period of one year.