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2008 Supreme(SC) 729

S.B.SINHA, V.S.SIRPURKAR
Viswanathan – Appellant
Versus
State Rep. by Inspector of Police, Tamil Nadu – Respondent


JUDGMENT:

S.B. Sinha, J. -- Appellants herein, who are six in number, have preferred these appeals from a common judgment and order dated 6.3.2003 passed by the High Court of Judicature at Madras.

2. Appellants were convicted under Section 376(2)(g) of the Indian Penal Code (hereinafter referred to as 'the Code') and sentenced to undergo rigorous imprisonment for 10 years. 3.

3. The incident took place on 20.11.1994. The victim was working as a Coolie. She was married and had two children. She was returning to her home on a bicycle with her brother, Palanisamy at about 10.00 pm after watching a movie. Appellants herein allegedly joining hands with each other, chased them. They were riding on their own bicycles. They dashed with the bicycle of the Palanisamy. Palanisamy and the victim fell on the ground. Allegedly, victim was asked to enjoy herself. Palanisamy, when questioned about the said conduct on the part of accused No.1 Babu, who was known to the victim as a mason, was slapped by the accused No.1. He ran away out of fear.

4. The victim was taken at a nearby place and accused No.2 to 4 and 6, allegedly raped her one











































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