Crl. R.P. No. 3304 of 2007 is filed by the State challenging the discharge of accused Nos.7 and 8 in

S.C. No.79/2007 on the file of the Sessions Court, Kottayam for an offence under Section 7 and punishable under Section 4 of the Kerala Prohibition of Ragging Act, 1998 (the Ragging Act for short). Crl. R.P. Nos. 3800 of 2007 and 1052 of 2008 have been filed by accused Nos.7 and 8 respectively challenging the order passed by the Sessions Court below refusing to discharge them for the offences under the Indian Penal Code.

THE PROSECUTION CASE

2. Thecase of the prosecution can be summarized as follows:

On 21-10-2005 at 4 p.m. at Gandhinagar in Arpookara Village of Kottayam District, accused Nos. 1 to 6 (Ranjith Varghese, Sherin, Shafeek Yousuf @ Shafeek, Ashly Varghese, Robin Paul and Divin Philipn Perumal @ Divin) all of whom are 3rd year nursing students in the School of Medical Education at Gandhinagar, in furtherance of their common intention to rag and ravish Supimol (Charge Witness No.2) who was a first year nursing student of the said institution situated on the northern side of the Gandhinagar–Panampalam Road, behaved in a disorderly and improper manner towards the said Supimol, who was descending the staircase from the 2nd floor of the said building. A-1 to A-6 ridiculed, humiliated, mentally tortured and thereby ragged the said Supimol from the staircase. Thereafter, A-1 to A-3 took her to the Histopathology Laboratory situated in the 1st floor of the school of Medical Education and bolted the door from inside preventing her from proceeding in any direction. The 1st accused then forcibly administered a ‘ladu which was mixed with the drug called calmpose. Supimol who became physically and mentally exhausted was then taken and made to lie on the work – bench situated towards the southern wall of the said laboratory. Thereafter accused Nos. 1 and 2 ravished her and the 3rd accused outraged her modesty by squeezing her breasts and fondling her belly and caused physical harm to her. The 1st accused then criminally intimidated her by saying that if she divulged the occurrence to anybody they would pour acid on her face. Accused Nos.4 to 6 were at that time guarding the Histopathology Lab from the staircase and nearby places to ensure that nobody else entered the said laboratory and thereby rendered aid and support to A-1 to A-3. Thereafter accused Nos.7 and 8 who are respectively the Principal and Director of the said institution, in spite of getting complete information regarding the occurrence, refrained from conducting any enquiry according to law or from taking action by reporting the matter to the nearest Magistrate or the Police. The above conduct of accused Nos.7 and 8 was to screen A1 to A-6 from punishment and also to cause disappearance of the evidence of the offence, which might have been obtained. Supimol, the victim was thereafter undergoing treatment in the psychiatry ward of the Medical College, Kottayam under the 9th accused, Dr. Saibunneesa Beevi. While so, with a view to conceal the offences committed by A-1 to A-6 and to screen them from punishment and also with a view to cause disappearance of the evidence, during the period from 30-10-2005 till 12-11-2005 accused Nos.7 and 9 entered into a criminal conspiracy from the house of the 9th accused as also through mobile phones and caused disappearance of evidence by preventing a gynecological examination of the victim and by the 9th accused making corrections in the case sheet pertaining to the victim on 14-11-2005 to the effect that the victim had suicidal tendencies and had consumed an overdose of medicine on 6-11-2005 with a view to commit suicide and that the victim girl was discharged from the psychiatry ward on 15-11-2005 whereas the girl had actually been discharged on 14-11-2005. Accused Nos. 1 to 6 have thereby committed offences punishable under Sections 342, 354, 366 A, 328, 376 (2) (g) and 506(ii) read with 34 IPC and Section 4 of the Ke