ORDER :

1. This batch of appeals arise out of a common judgment dated 20th January, 2005 passed by the Division Bench of the High Court of Kerala.

2. The facts relevant for disposal of these appeals very briefly are that for the occurrence of alleged kidnapping, wrongful confinement for 40 days, rape and gang rape of a minor girl, in all 40 accused were tried in Sessions Case No. 187 of 1999 and one accused was tried in Sessions Case No. 241 of 2001 before a Special Court. The Special Court delivered the judgment in Sessions Case No. 187 of 1999 convicting 35 of the accused under Sections 120B, 363, 365, 366-A, 368, 376(1) and 376(2)(g), Indian Penal Code and by a separate and subsequent judgment, the Special Court convicted the only accused in the Sessions Case No. 241 of 2001 under Sections 120B, 365, 363, 366-A, 368, 376(2)(g), 372 and 392, Indian Penal Code The respondents-accused filed separate Criminal Appeals before the High Court and the High Court, by the impugned common judgment, took into account the evidence adduced in Sessions Case No. 241 of 2001 in which only one accused was tried, and on that basis, set aside the conviction of not only that lone accused in Sessions Ca