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30 No doubt, the forest officials went for raid and they have taken action to prevent smuggling of sandal wood, but however, in this case, it cannot be stated that the entire villagers were involved in the smuggling activities. The victims have clearly stated that they were in their houses and some of them were in the field. At that time, the forest officials went and dragged them out from their houses and in the respective places or fields to the Banyan tree. All the witnesses have categorically stated that while they were in the house or the agricultural field or grassing the cattle, the officials went there and caught hold their tuft and dragged them to the Banyan tree and they gathered all Villagers under the tree. The uniform force beaten the Villagers and later they identified 18 young ladies alone and took them in a Lorry under the guise of finding out the sandal woods to the lake area and https://www.mhc.tn.gov.in/judis  Crl.A.Nos.618, 622, 624, 625, 626, 635, 649, 653, 654, 657, 658, 659, 660, 662, 665, 666, 668, 669, 670, 671, 673, 679, 682, 690 and 692 of 2011 committed rape on them. Even though, during the test identification parade, they could not identify, due to various reasons, but however, during trial when they were produced before the Court they were able to identify the accused and merely because they could not identify the accused during test identification parade does not mean subsequently they could not identify them before the trial Court.

41 Coming to the defence of prior sanction of prosecution, no doubt all the accused are public servants. Even though they engaged in performing the official duty, but, however when all the officials exceeded their limit and were involved in criminal offence, the sanction of prosecution is not necessary.

42 In this case, the allegation against the appellants are on 20.06.1992 all the appellants went to Vachathi Village between 4.00 to 7.00 P.M and assembled there unlawfully and went to the houses of the villagers and took the victim girls from their residence in an unlawful manner by threatening, attacking and dragging them and gathered them under Banyan tree. The accused also dragged some of the victims, who were in the agricultural work or grassing the cattle and forced them to assemble under https://www.mhc.tn.gov.in/judis  Crl.A.Nos.618, 622, 624, 625, 626, 635, 649, 653, 654, 657, 658, 659, 660, 662, 665, 666, 668, 669, 670, 671, 673, 679, 682, 690 and 692 of 2011 the Banyan tree and also restrained them. Thereafter they picked 18 young ladies and took them in a Lorry under the guise of finding out the hidden places of the sandal woods to the lake area and committed rape on them and in and around the place they were subjected to sexual assault, which is not official duty. The allegation against the appellants are the commission of offence under the IPC and SC/ST Act and also some of the victims were forcefully made to beat Oor Goundar by threatening them if they failed to do that, they would be dealt with otherwise. Hence the victims have also beaten him. Since all the victims belong to ST community, the accused also committed the offence under the SC/ST Act. Therefore the allegations are not while discharging the official duty. Hence sanction of prosecution is not necessary. Therefore the contention of the learned counsel is not acceptable and non obtaining of sanction of prosecution is not fatal to the case of the prosecution.

44 In this Case, there is no doubt, since there were smuggling of sandal wood activities at Chitheri hills, there was a plan for mass raid. Further since large number of Vachathi villagers were involved in smuggling of sandal wood and whenever the appellants went for raid, the smugglers escaped and hidden in the forest, the official could not secure them. Therefore the appellants formed big team in order to conduct raid on 19.06.1992. The team of members consisting 40 forest officials under the head of A17 went to Chitheri hills and stayed there. On next day on 20.06.1992 they proceeded at 5.00 a.m. and at Kalasambadi, on the way, https://www.mhc.tn.gov.in/judis  Crl.A.Nos.618, 622, 624, 625, 626, 635, 649, 653, 654, 657, 658, 659, 660, 662, 665, 666, 668, 669, 670, 671, 673, 679, 682, 690 and 692 of 2011 they were able to chase some of the persons who were involved in smuggling of sandal wood and they reached near Vachathi village, which is adjacent to the Chitheri hills. Forest officials made enquiry regarding removal of sandal wood in and around the place and during the course of enquiry, the officials beaten P.W.5 on hearing his alarm, some of the villagers reached the place and there was a quarrel between the officials and the Villagers and there was untoward incident taken place due to which some of the officials got injuries. In that way P.W.3 got grievous injury and with the help of the villagers, he was taken to the Hospital at Harur by Bullock Cart. Thereafter the team of the various officials and police and revenue officials arrived at the Vachthi Village at 4.00 p.m. They thought that the entire Vachathi Villagers prevented and attacked the officials together and hence in order to teach lesson to the Vachathi Villagers, they chased young ladies and children and some of the male members those who were in the house, in the field and some of them returned from the working place. The officials dragged the villagers, who were available at that time and gathered under the Banyan Tree situated in the Vachathi Village nearby https://www.mhc.tn.gov.in/judis  Crl.A.Nos.618, 622, 624, 625, 626, 635, 649, 653, 654, 657, 658, 659, 660, 662, 665, 666, 668, 669, 670, 671, 673, 679, 682, 690 and 692 of 2011 the Temple.

78 P.W.26 stated that 10 to 15 members of uniform force entered into the house and forcefully dragged them to the Banyan Tree and subsequently some of the ladies were taken by the uniform force to the lake area and thereafter they were taken to Forest Range Office, Harur, where their Thumb impressions have been obtained forcefully and she also identified A105 and A111. The witnesses have also spoken about the damages of the properties by the uniform force. P.W.27 also corroborated the evidence of P.W.26. P.W.28 also corroborated the same and identified the accused A25, A47, A70 and A105. She has stated that she was dragged from the house by the uniform force and they also obtained signatures in the office, which were marked as Ex.P20 and 21.