- (1.)This Criminal Appeal is directed against the judgment rendered by the Court of Sessions Judge, Kanyakmari Division at Nagercoil, in S.C.No.119 of 2003 dated 30.11.2007.
(2.)The appellants are the accused and the respondent is the complainant. The appellants/ accused-1 and 2 have been convicted under Section 366 IPC and sentenced to undergo 7 years R.I. along with a fine of Rs.5,000/- each, in default to undergo 6 months R.I. each; convicted under Section 376 IPC and sentenced to undergo life imprisonment along with a fine of Rs.5,000/- each, in default to undergo 6 months R.I. each, and convicted under Section 302 IPC and sentenced to undergo life imprisonment along with a fine of Rs.5,000/- each, in default to undergo 6 months R.I. each. Challenging the conviction and sentences imposed by the Trial Court, the present Criminal Appeal has been filed by the accused 1 and 2/ appellants.
(3.)The case of the prosecution in brief, is that on 04.01.2002, at about 07.00 p.m., while the deceased by name Arulviseleen, aged about 9 years, was returning home after completing her tuition class, the accused-1 and 2 came there and the first accused took her in a bicycle and the second accused followed them. Thereafter, she was taken to a nearby coconut grove and she was raped by accused-1 and 2. After committing the crime of rape, she was murdered and put in a nearby small pond.