(1.) Leave granted.
(2.) This appeal is filed by one of the accused persons who was convicted for commission of offences under Sections 376(2)(g), 506, read with Sections 149 and 148 of the Indian Penal Code. Initially as many as six accused persons came to be tried under Sections 376(2)(g), 506 read with Sections 149 and 148 IPC before the Sessions Court on the allegation that on the night intervening 5th and 6th February, 1999 at Village Rajapur they committed gang-rape on Smt. Nirmala Devi, wife of Lal Chand. It was further alleged that the accused persons formed an unlawful assembly and in prosecution of common object of such assembly they also criminally intimidated said Nirmala and had also committed the offence of rioting. The Sessions Judge convicted all the accused persons and sentenced Veer Bhan (A-1), Ajmer Singh (A-3) and Ramesh (A-4) for the offence under Section 376(2)(g) IPC and came to the conclusion that these three accused persons had gang-raped Nirmala, the prosecutrix. They were accordingly sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 10,000/- each and in default of payment of fine to further undergo rigorous imprisonment for three years. It was directed that the fine, if realized, be paid to the prosecutrix as compensation. The other three accused persons, namely, Bagicha (A-2), Raju (A-5) and Suraj Bhan @ Surja (A-6) were, although convicted for the aforementioned offences, sentenced to undergo imprisonment for 10 years and also to pay a fine of Rs. 10,000/- each and in default of payment of fine to further undergo rigorous imprisonment for three years. All the accused persons were also sentenced to suffer rigorous imprisonment for two years for the offence under Section 506 read with Section 149 IPC and rigorous imprisonment for two years for the offence under Section 148 IPC. All the sentences were ordered to run concurrently.
(3.) All the accused persons filed appeal before the High Court wherein the High Court came to the conclusion that the charges of gang-rape and criminal intimidation were proved against all the appellants. However, the High Court took slightly lenient view in case of accused Bagicha (A-2), Raju (A-5) and Suraj Bhan @ Surja (A-6) as they had not indulged in sexual intercourse with the prosecutrix. The High Court took into consideration that they were behind the bars for about four years and therefore, they were let off with the sentence already undergone by them. However, the High Court did not show any leniency in the case of Veer Bhan (A-1), Ajmer (A-3) and Ramesh Kumar (A-4) who had committed the act of rape and confirmed their life sentence.