JUDGMENT :

(Prayer: Criminal Revision Case is filed under Section 397 r/w 401 of Cr.P.C., to call for the records of the Fast Track Mahila Court, Nagapattinam in C.A.No.16 of 2011 in the judgment, dated 30.04.2014 confirming the conviction and sentence passed by the Additional Sub Court, Mayiladuthurai in S.C.No.223 of 2008 in the judgment, dated 21.03.2011 and set aside the same.)

This Criminal Revision Case in Crl.R.C.No.764 of 2014 is filed by the petitioners/accused against the Additional Assistant Sessions Court, Mayiladuthurai in S.C.No.223 of 2008, dated 21.03.2011, thereby, convicting the petitioners for the offence under Sections 376 r/w 511 of Indian Penal Code and imposing a punishment of four years Rigorous Imprisonment and a fine of Rs.2,000/- each and in default of payment of fine, to undergo one month Simple Imprisonment; for the offence under Section 379 of Indian Penal Code and imposing three months Rigorous Imprisonment and for the offence under Section 323 of Indian Penal Code and imposing one year Rigorous Imprisonment and fine of Rs.1,000/- each and in default of payment of fine, one month Simple Imprisonment and the judgment of the Mahila Fast Track Court, Nagapattinam, dated 30.04.2014 in Crl.A.No.16 of 2011, confirming the conviction and sentence imposed by the Trial Court.

2. On 30.11.2002, when P.W.17, Balasubramanian, Sub-Inspector of Police was on duty at Thiruvenkadu Police Station, upon receipt of information from the Government Hospital, Sirgazhi., he went there and recorded the statement of P.W.1, the victim/prosecutrix, who is undergoing treatment as impatient. The prosecutrix stated that on 21.11.2002, at about 7.45 P.M, when she alighted from the bus at Keezha Muvarkarai bus stop and was walking, both the accused were sitting on the parapet wall of a bridge and they enquired whether she was going alone and she replied that her sister would come. After giving reply, she was walking alone. Both the accused followed her and came to her and hugged her. When she attempted to shout, the first accused choked her mouth with dhupatta, the second accused held both her hands on the backside and took her on his shoulder for about 100 meters and laid her under a Karuvelam Tree and when she tried to wriggle out, both of them held her tight by physically attacking her and thereafter, raped her one by one.

3. Upon the statement, a case in Crime No.623 of 2002 was registered under Sections 342, 323, 324 and 376 of Indian Penal Code and P.W.18 took up the case for investigation and filed Final Report proposing the accused guilty for the offences under Section 376, 379 and 323 of Indian Penal Code. The case was taken on file by the learned Judicial Magistrate, Seerkazhi in P.R.C.No.12 of 2006 and after furnishing of copies under Section 207 of Code of Criminal Procedure to the accused, the case was committed as per Section 209(a) of Code of Criminal Procedure to the learned District and Sessions Judge, Nagapattinam. The case was, thereafter, made over to the learned Additional Assistant Sessions Judge, Mayiladuthurai and was taken on file as S.C.No.223 of 2008.

4. Upon consideration of the Final Report, filed by the respondent Police and the arguments of the learned Counsel on either side, the Trial Court framed the charges under Sections 323, 376 and 379 of Indian Penal Code and upon questioning the accused, denied the charges and stood trial. The prosecution, thereafter, examined P.Ws.1 to 18 and marked Exs.P-1 to P-20 and also produced M.Os.1 to 25. Upon questioning about the evidence and adverse circumstances against the accused on record as per Section 313 of Code of Criminal Procedure, the accused denied the same as false. Thereafter no oral or documentary evidence was let in on behalf of the accused. The Trial Court, thereafter, proceeded to hear the learned Additional Public Prosecutor on behalf of the prosecution and the learned Counsel appearing on behalf of the accused and by a judgment, dated 21.03.2011,