BALIN DAS AND ORS. Vs. STATE

JUDGEMENT

(1.) Criminal Appeal No.1761 of 2018 is filed by accused No.1 and Criminal Appeal No.1079 of 2019 is filed by accused No.2 against the impugned judgment of conviction and order on sentence dated 30-7-2018 made in Spl.C.C. No.334 of 2016 on the file of the LIII Additional City Civil and Sessions Judge, Bengaluru, for having convicted and sentenced them to undergo imprisonment for life till death with fine of Rs.25,000/- each for the offence punishable under Sections 376D of the Indian Penal Code (for short, 'the IPC ').

(2.) It is the case of the prosecution that the complainant-P.W.1 is a resident of Tumukuru staying with her parents. She has done her Master Degree in Engineering. Since her school days, she was interested in playing tennis, she searched for tennis playing courts in and around Tumukuru in the internet. She came to know about Cubbon Park Lawn Tennis Association, Bengaluru. So, she left the house on 11-11-2015 around 3:00 p.m. in a private bus to Yeshwanthpura and from there, she took city bus to Majestic and then, came to Cubbon Park from Majestic. She got down near Vikasa Soudha bus stop around 5:30 p.m. She went to Cubbon Park Lawn Tennis Association reception counter, enquired about the Court Coach and play timings in the said Association. In the reception, a form was given to her to fill up; she filled it and gave it to the Receptionist. He asked her to come in the morning. She asked him for the stay in the Lawn Tennis Association itself, but the Receptionist and the Security Guard present there, informed her that, there is no such facility available. So, she decided to stay near the Lawn Tennis Association. She went out and stayed for an hour. Later, it became dark, she went near the Tennis Association gate, but nobody were there near the gate, so she sat below the tree. It was around 9:30 p.m., the Security Guards told her that this is not safe place and informed her that they will take her to secured place. She refused to go with them and walked few steps towards left side of the gate of Cubbon Park Lawn Tennis Association, one Security Guard followed her and convinced her that he will take her to right place. He took her to further inside the park, sexually assaulted and committed rape. Later, he told her to sleep there only and threatened her not to disclose the same to anybody. By that time, another Security Guard came and he also sexually assaulted and committed rape. Therefore, she lodged a complaint before the jurisdictional Police and in turn, the Police registered a case in Crime No.350 of 2015 for the offences punishable under Sections 376D and 506 read with Section 34 of the IPC.

(3.) After taking cognizance, the learned Magistrate committed the case to the Sessions Court. The learned Sessions Judge framed the charges on 21-10-2017 against accused Nos.1 and 2. When the charges were read over and explained to them, they pleaded not guilty and claimed to be tried.