R. Balasubramanian, J.

The State is challenging the acquittal of the respondents by the judgment impugned in this appeal. Heard Mr.N.R.Elango, learned Additional Public Prosecutor for the State and Mr.V.Gopinath, learned Senior Counsel appearing for the respondents.

2. In S.C.No.96 of 2000 on the file of First Additional Sessions Judge-cum-Chief Judicial Magistrate, Coimbatore, the respondents were tried under Sections 376, 302, 120-B and 201 I.P.C. It may be noticed that in the above referred to Sessions Case, final report was filed not only against the respondents herein arrayed as A.1 to A.5 but also against another person arrayed as A.6. The charge against A.6 in the above referred to Sessions Case was under Section 201 I.P.C. It is on record that on an application taken out by A.6 in S.C.No.96 of 2000, the prosecution case against him was split up and taken separately as S.C.No.214 of 2000 by the very same Court of Sessions. We state that the learned Sessions Judge disbelieved the prosecution case against that accused also, separately tried in S.C.No.214 of 2000 and acquitted him. That judgment is also in challenge before this court by the State in Criminal Appeal