K. A. Abdul Gafoor, J.

1. Thirty five accused persons were convicted in S.C. No. 187 of 1999. They have filed the above appeals except Crl. A. No. 877 of 2002. Crl. A. No. 877 of 2002 is by the sole convicted accused in S.C. No. 241 of 2001. At the outset we may mention that the facts relating to both the cases emanate out of the same occurrence of alleged kidnapping, wrongful confining, procuration of a minor girl and rape and gang rape of the victim, PW 3, in this case. PW 3 was reported missing from 16.1.1996. Initially the case was registered under the caption 'man missing' based on information furnished by PW 1, the father of the victim on 16.1.1996 itself. For about 40 days, in spite of the investigation conducted by PW 82, the local Asst. Sub Inspector, the whereabouts of the girl could not be found out. The girl later appeared in the office of her father PW 1 on 26.2.1996. Next day she gave a statement to PW 82 revealing information about the commission of cognizable offences including kidnapping, wrongful confinement, procuration of minor girl, rape and gang rape on her. Investigation thereafter proceeded in that line and the investigators came to the conclusion that altogether 45 persons were involved. Two of them could not be traced out. Out of the remaining 43 persons, one was deleted from the array of accused. Two were absconding. Charges were laid against the remaining 40 persons and the case against them was taken on file by the Sessions Court, Kottayam as S.C. No. 187 of 1999. During the trial, the 40th accused died. Accused No. 23, 26, 32 and 36 were acquitted. The remaining 35 accused, convicted on different counts of offences have filed the appeals as mentioned, except Crl. A. No. 877 of 2002. During the pendency of these appeals Accused No.4, the appellant in Crl. A. No. 607 of 2000, committed suicide.

2. After the trial of S.C. No. 187 of 1999 was terminated, one among the absconding accused, viz., Dharmarajan, surrendered. Thereafter his case was also committed. It was tried as S.C. No. 241 of 2001 on the same set of charges. He was also convicted. Crl. A. No. 877 of 2002 is at his instance.

3. In the first case the convicted accused were found guilty of all or any one or more of the offences punishable under S.120B, 363, 365, 366A, 368, 376(1) and 376(2)(g) I.P.C. They have been sentenced to undergo rigorous imprisonment for terms ranging from 4 years to 13 years depending on the offences found proved against them. Sentence of fine and consequent default sentences have also been imposed. Fine, if realised, was directed to be paid to the victim. The appellant in Crl. A. No. 877 of 2002 was found guilty of the offences punishable under S.120B, 365, 363, 366A, 368, 376(2)(g), 372 and 392 I.P.C. He was sentenced to undergo life imprisonment for the offence punishable under S.376(2)(g) alone. So, no separate sentence was imposed on any other count.

4. The accused will be described as arrayed in S.C. No. 187 of 1999 and the sole accused in S.C. No. 877 of 2002 will be mentioned by his name Dharmarajan hereafter in this judgment for the sake of convenience. The exhibits, witnesses and M.Os. unless otherwise specified, are referred to as in S.C. No. 187 of 1999.

5. The prosecution case is that PW 3, as a result of a conspiracy hatched by accused No. 1, 2 and Dharmarajan, was persuaded, induced and kidnapped by accused No. 1 from the lawful guardianship of her parents to go away from the school hostel in Munnar to join him at Adimali and thereafter to go along with him to Kothamangalam at about 4.30 p.m. on 16.1.1996. Before situation, late in the evening at about 7.30 p.m. PW 3 decided to go from Kothamangalam to her mother's sister's house at Kottayam. She boarded a private bus to Muvattupuzha. She noticed accused No.2, Usha, in that bus. Thereafter she alighted at Muvattupuzha and went in an autorickshaw to K.S.R.T.C. bus station there, to catch a bus to Kottayam. She boarded a Trivandrum Fast Passenger bus