ANIL KUMAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The Criminal Appeal No.257 of 2019, has been preferred by appellant-accused No.2 and the Criminal Appeal No.21 of 2019, has been preferred by appellant- accused No.4, challenging the common judgment passed by LIII Additional City Civil and Sessions Judge, Bengaluru, in judgment of conviction and order of sentence in S.C.No.506/2015 and S.C.No.1265/2015 dated 02.11.2018 respectively.

(2.) I have heard the learned counsel for the appellant and learned HCGP for respondent-State.

(3.) The case of the prosecution in brief is that, husband of the victim filed the complaint alleging that on 24.10.2014, the husband of the victim returned home at about 9.00 p.m and after dinner they were sleeping in the home along with his wife, mother and male child aged about nine months. At about 11.40 P.M, the complainant's mother woke up the complainant, telling that some friends are knocking the door. When he woke up, he heard that some persons saying that they are police people and asked him to open the door. When he opened the door, suddenly four persons entered his house telling that CW-1 is selling beer bottles and asked him to hand over the almerah/cupboard key and also asked him to show his almerah/cupboard, said four persons by collecting the key from him pointed knife towards CW-1 and also assaulted with knife on his forehead, tied himself, his wife and mother's hands. By opening the almerah/cupboard took the gold ornaments, cash of Rs.30,000/- and three mobile phones. Thereafter, out of four persons, three persons took his wife to the hall of his house and among four persons, three persons committed rape on his wife and another person was recording the said activity in his mobile. It is further alleged that all the persons while going out latched the main door. Later through window they called the neighbors who in turn opened the main door and thereafter, a complaint was registered and the statement of the victim was recorded under Section 164 of Cr.P.C.