The sufficiency of evidence for conviction, the validity of identification procedures, and the admissibility of confessions were the central legal points established in the judgment.

JUDGMENT

(Prayer: Criminal Revision filed under Section 397 r/w 401 of Criminal Procedure Code, 1973 against the judgment passed by the learned Additional Sessions Judge, Krishnagiri, in Criminal Appeal No.77 of 2010 dated 27.03.2012, confirming the conviction and sentence passed by the learned Principal Assistant Sessions Judge, Krishnagiri, vide judgment dated 14.12.2010 in S.C. No.121 of 2008.)

1. This Criminal Revision is filed against the judgment passed by the learned Additional Sessions Judge, Krishnagiri, in Criminal Appeal No.77 of 2010 dated 27.03.2012, confirming the conviction and sentence passed by the learned Principal Assistant Sessions Judge, Krishnagiri, vide judgment dated 14.12.2010 in S.C. No.121 of 2008.

2. The appellant is the 2nd accused in S.C.No.121/2008 and he is convicted and sentenced as detailed hereunder:

3. The Prosecution case:

3.1. This incident is one of decoity, illegal confinement and torture. One Ganesh (P.W.1) along with his friends Naveen Kumar (P.W.2), Rajkumar and Pratheesh were returning from Kuppam in Andhra Pradesh to Bangalore (where they were residing) in a car (Maruthi Alto bearing No.K.A.09 N3956) after completing their work, on 07.03.2006.

3.2. In order to reach Bangalore faster they preferred Veppenapalli route since the road also was a good one. On the same day night at 9.45 p.m. after crossing Tamil Nadu border, a red Qualis car bearing Registration No.TN 27-R-2075 hit the car from behind and then overtook the car only to intercept the car in the front.

3.3. About 8 persons got down from the Qualis car and assaulted four of them in the Alto Car. Subsequently they were forced into the bigger vehicle, taken to a thatched roof dwelling, confined in a room for 5 days and tortured.

3.4. The four of them were out of bounds and reach for 5 days and their personnel belongings like mobile phones, gold chains, gold ring and some cash were snatched from them.

3.5. On 12.03.2006, when another victim like them made good his escape, the assailants left them to go in search of the one who escaped, they (four of them) gave the slip and ran towards Kuppam. P.W.1 borrowed some money from his acquaintance in Kuppam and all of them took a train to Bangalore. Later taking the advice of an advocate, all the four victims reached Veppenapalli the next day and gave a police complaint (Ex.P1).

3.6. Based on their complaint, a FIR (Ex.P18) was registered under Sections 343, 395 IPC in Crime No.113/2006 by Selvarajan (P.W.7), the Sub Inspector of Police, Veppenapalli Police Station. This FIR was initially against 12 accused (A1 to A12).

3.7. Ganesh (P.W.1) and Naveen Kumar (P.W.2) were taken to the Government Hospital, Krishnagiri, where, they were examined by Dr.Gopalakrishnan (P.W.8) at 4.00 p.m. on 13.03.2006.

3.8. Ganesh (P.W.1) had the following injuries and the wound certificate was marked as Ex.P.20.

?contusion on the back;

?contusion on the left shoulder;

?swelling on the right hand finger knuckles and wrist; and

?contusion with swelling on the left face.

3.9. Naveen Kumar (P.W.2) had the following injuries and the wound certificate was marked as Ex.P.19.

?abrasions on the right neck;

?contusion in the right arm;