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Showing contexts for: Gang rape case in Rajendran, Arokiasamy, John Britto, ... vs State Of Tamil Nadu Represented By The ... on 4 March, 2002Matching Fragments
14. I have carefully considered the above oral submissions as well as written submission and also gone through the typed set containing the deposition of witnesses.
15. The entire case relating to the gang rape hinges upon the evidence of P.W.1. She would clearly state that she was forcibly taken in a cycle to a corner of Kattabomman Nagar and she was raped by all the accused one after another. P.Ws.2 and 3 are not the eye witnesses for the rape. But, the evidence of P.Ws.2 and 3 would make it clear that all of them went to Esakiamman temple function and P.Ws.1 and 2 alone came back home at midnight, as they felt sleepy and in the meantime, the occurrence had taken place.
17. It is to be pointed out that all the accused persons belong to same place, namely Tuticorin. Admittedly, there is no enmity suggested to P.W.1. Therefore, there is no reason for P.W.1 to speak falsehood against all the accused, especially in a case of gang rape. Curiously, it was suggested to P.W.1 that she voluntarily went to V.O.C. Nagar and had sexual intercourse with some person. For this suggestion, there is no basis. On the other hand, it would amount to admitting the case of prosecution that on the date of occurrence, she was subjected to sexual intercourse.
40. On going through the facts of the said cases, it is noticed that in those cases, various adequate and special reasons were given by the High Courts and the Supreme Court taking into consideration the facts and circumstances of those cases for giving lesser punishment. In one of those cases, the victim herself requested the Court to reduce sentence in view of the subsequent developments and taking note of the same, the Supreme Court reduced the sentence on the offender of rape.
41. Those special features are not available in the instant case. This is a case where a young girl of 19 years, while she was walking in a public street along with her sister, was waylaid and forcibly abducted by 10 accused persons by showing the aruval and after taking her to a secluded place, she was raped by all the 10 accused one after another mercilessly, thereby they committed a gang rape. The facts of this case are such that they would not permit this Court to show any sympathy to the accused persons.