Gangadhara Menon, J

[1] Accused 1,6 & 2 are the applts. Accused 1 & 2 were convicted under Sections 376, 453, 609 (ii) & 341, T. P.C. & sentenced to rigorous imprisonment for five years, under Section 376, rigorous imprisonment for 6 months under Section 453 & another 6 months' rigorous imprisonment under Section 509 (ii). They were also given a sentence of simple imprisonment for one month for the offence under Section 341, T. P.C. Accused 6 was convicted under Section 453, 509 (ii) & 341, T. P.C. & sentenced to rigorous imprisonment,, for 6 months under Section 453, another 6 months under Section 509 (ii) & simple imprisonment for one month under Section 341, T. P.C. The sentences were directed to run consecutively. In convicting accused l & 2 under Section 509 (ii), & 341, Section 28, T. P.C. was also applied. Accused 3 to 5 were acquitted & set at liberty.

[2] The prosecution case was follows: P. W. 1 who was a young girl of 19 had been married to P. W. 2 a goldsmith on 20 7-1124. After marriage they were living as husband & wife in a building in Netttayam in Vattiyoor Kavu. P. W. 2 was engaged in the business of making ornaments in gold & silver & for this purpose he had taken on rent a portion of the building where they were living. The building itself belonged to P. W. 5 who was occupying another portion of the same building & conducting a tailor shop. It was stated that at about 9 P.M. on 17-8.1124 all these accused 1 to 6 formed themselves into an unlawful assembly with the common object of committing rape on P. W. l. With this object in view accused 5 went in advance & called P. W. 2 who was inside the house after closing the front entrance. He came out after removing the shutter planks in front & engaged himself in a conversation with accused 5 who wanted to have a necklace made for him. While be accused 6 came there with a torch light, caught hold of P.W. 2 & kept him there threatening injury by showing a dagger or Bichua M.O. 1 against him. Accused l then got into the house, caught hold of P. W. 1 & took her out forcibly. Accused a joined him then & both of them carried her away by force towards the south for some distance & then towards the west by a lane to a shed marked F in ex, N plan. This was about 8 furlongs away from the residence of P. Ws. 1 & 2 Accused 3 to 5 were stated to have joined accused 1 & 2. Inside the shed P. W. 1 was laid on her back. Accused l disrobed her & when she cried out accused a thrust a piece of cloth into her mouth. Accused 1 was then stated to have sexual intercourse with her without her consent & against her will. Accused 2 to 6 were afterwards stated to have in their turn committed rape on bar. In the meanwhile P.W. 3 came to the spot where P.W. 2 was kept under wrongful restraint by accused 6 & ascertained from them that P. W. 1 was carried away by accused 1 & 2, He traced them out in the shed. He brought P. W. 1 back to her house at about midnight. She was then run down & exhausted. Then accused 6 again threatened P. W. 9 that if they continued to live at the place they would meet with more danger. On the advice of P. Ws. 3 & 4, P. Ws. 1 & 2 left the place the very same night. They came to a house near Gandhari Amman Koil Street in the Trivandrum City & spent the whole of the 13th there. On the 19th they proceeded to P. W. 1's father's house in Vanchiyoor & spent three days there. Later on they proceeded to Chackai & took up abode in the house of one Velu Pillai a Band Master in the military. They had not revealed the incident out of shame. But the Poojappura Police got scent of these happenings at Nattayam two or three days afterwards. They were making enquiries about the whereabouts of P.Ws. 1 & 2. P. W. 1 & 2 came to know of such enquiry started by the Police & on the advice of Valu Pillai & others they went to the Aoojappurai Police station on the evening of 25th Meenom 1124 where P. W. 1 gave Ex. a statement. With the help of a lady P.W. 9 living in the neighbourho