The conviction and sentencing of the accused for gang rape and robbery were upheld, supported by coherent evidentiary corroboration and resolved discrepancies.

JUDGMENT :

M. JOTHIRAMAN, J.

1. These Criminal Appeals have been preferred by A1 and A2 out of 3 accused, challenging the judgment dated 26.04.2022 in S.C.No.37 of 2020, in and by which they were convicted and sentenced as under:

2. Brief case of the prosecution is as follows:

2.1. PW1/ defacto complainant / Prosecutrix was working as Sales Woman in a Textile Showroom, Vellore. She was in love with PW2-Ajith, who is a co-worker in the textile showroom. Being lovers, while so, on 18.01.2020 at about 9.00 p.m., after working hours, they wanted to spend time and to have intimate talk and hence, they went to the Vellore Fort Park and sat opposite of the 3^rd Kerb wall and were chatting. Suddenly, A1, A2 and one other Ajith (A4) – Juvenile accused)- Child in Conflict with law came near, brandished knifes – M.Os.8 and 10 and they robbed the bag containing IDBI ATM Card, PAN Card, ESI Card, purse with a cash of Rs.30/-, Redmi Mobilephone from PW1 and a bag containing ICICI ATM card, India Post ATM card, purse with a cash of Rs.300/-, Samsung Mobile phone at knife point by instant fear of danger from PW2.

2.2. Then A1 called A3 through mobile phone to come and join with them and told him that “Panni Moonjiyum Dappavum Eduthuvitten”. After a short time, A3 came there and collected all the robbed items from A1 and left from that place. Thereafter, A1, A2 and the said Juvenile Accused committed sexual assault on PW1 and committed gang rape on her in the presence of PW2 and they also intimidated them with dire consequences of death if they revealed what was happened to them.

2.3. Thereafter, PW1 gave a statement / complaint under Ex.P1 before PW21 – Tmt.Umarani, Women Sub-Inspector of Police, Vellore North Police Station, who registered a case in Crime No.39/2020. The FIR registered is Ex.P25. PW21 placed the same before PW22- Tmt.Punitha, Inspector of Police for further investigation.

2.4. PW22 took up the case for investigation on 19.01.2020. She has inspected the Sub Inspector of Police and recorded her statement on the same day at 5.30 p.m. PW22 went to the hospital and examined PW1 and PW9- Malliga – mother of PW1 and recorded her statement and also recovered M.Os.1 to 6 i.e., cloth with blood stains viz., Chudithar, Honey top, panty and brasier respectively belonging to PW1 through Form 95 –Ex.P26.

2.5. PW22 examined PW3-Silambarasan, who is the cousin brother of PW1 and PW17-Dr.Karimullah, who medically examined the Prosecutrix and gave first aid and registered Accident Register on the same day at 8.00 to 8.45 a.m. PW22 visited the scene of occurrence and prepared Observation Mahazars in Exs.P5 and P6 and drawn Rough Sketch – Exs.P27 and P28 respectively in respect of PW7- Village Administrative Officer and PW8- Village Assistant. PW22 also made arrangements for taking photographs through PW11- Manimaran / Photographer. She has recovered M.O.14 to M.O.16 namely 3 pieces of Cigarette buds, a white-coloured plastic button used in stud and a black colour tik tok hairpin respectively through Seizure Mahazar – Ex.P7 and prepared Form 95 in this regard under Ex.P29. She has also examined PW2 and recorded his statement.

2.6. PW9- Malliga / mother of PW1 deposed that PW1 is working as Saleswomen in a private textile shop in Vellore and last year, when she returned back from the shop at night 10.00 p.m., she noticed that her daughter’s face was found swelling and she enquired. PW1 narrated the occurrence. PW9 immediately called PW3. PW3 came and after seeing, informed PW9 that first they will go to the hospital for taking treatment and thereafter, they decided to lodge the complaint.

2.7. Pws.1, 3 and 9 went to Vellore Medical College Hospital, Adukkam