JUDGMENT :

R. Hemalatha, J.

(Common Prayer: Criminal Appeals filed under Section 374 (2) of Criminal Procedure Code, 1973 to set aside the conviction and sentence imposed in S.C. No.30/2015 dated 15.10.2015 on the file of the Sessions Judge, Fact Track Mahila Court, Krishnagiri.)

1. The appellants, C. Prakash (A1), G. Mani (A3) and T. Prakash (A4), challenged the judgment dated 15.10.2015 passed by the learned Sessions Judge, Fast Track Mahila Court, Krishnagiri in S.C. No.30 of 2015, in which the three appellants and Subru @ Subramani (A2) were convicted for the offences punishable under Sections 341, 323, 506(ii), 392 read with Section 379 IPC, 376 (D) IPC and under Section 4 of the Tamilnadu Prohibition of Women Harassment Act, and sentenced to undergo imprisonment as extracted hereunder :

2. Briefly going into the facts of the case, we find that one Nandhini, 20 years old (P.W.1), a resident of Chanthapuram Village, Kaveripattinam, Krishnagiri District, a college student, along with her lover Seralathan (P.W.3), a driver by profession, had planned to go to a temple at Royakottai. On 18.07.2014, P.W.1, under the guise of going to college, left her residence in college uniform and joined P.W.3 near Royakottai overbridge, where he was waiting in a Tata Indica Car, bearing Registration No. TN07 L6696. Thereafter, they had lunch in a hotel and proceeded towards Royakottai. When the car was passing through Podampatti, a village enroute, around 4 p.m., P.W.1 wanted to ease herself and therefore, P.W.3 stopped the car by the side of the road. P.W.1 got down and went to a secluded place, while P.W.3 was waiting in the car. Suddenly, four persons, who were later identified as the accused surrounded her and physically assaulted her. Her personal belongings, including a pair of gold ear studs (M.O.8 and M.O.9), Sonata watch (M.O.10) were forcibly removed from her person. The accused also started stripping her, which made her scream and hearing her cries, P.W.3 rushed to the spot only to be over powered by the accused causing physical injuries to him. He was also tied up to a tree nearby and was forced to look in the opposite direction. What followed was a horrific gang rape, which was also videographed by A1 in his mobile phone (M.O.23). P.W.3 was helpless and was under threat for his life. From the conversation amongst the four, P.W.1 and P.W.3 gathered the names of three of them, Prakash, Mani and Raju. Selvaraj (P.W.4), belonging to Podampatti village, who was returning with his cattle after grazing, accidentally saw the four accused and a nude girl lying on the ground. He also saw P.W.3 tied up to a tree with a saree in the same place. The accused sensing that P.W.4 had seen them, thought that they may be in trouble and two of them went in search of P.W.4. P.W.4, who had reached the main road, was in a position to inform few others who came to the