GANESH Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) APPELLANTS Ganesh and Ajay Chauhan have been convicted under Section 376 IPC and sentenced to undergo rigorous imprisonment for a period of seven years and to pay fine of Rs.10,000/- each and in default of payment of fine to undergo simple imprisonment for six months. It may be noted here that co-accused Puneet has also been convicted under Section 363 IPC as well as under Section 376 IPC; whereas accused Indeever has been convicted under Section 363 IPC by the same judgment. However, it appears that they have not challenged their conviction.

(2.) IN brief, prosecution case as emerges from the record is that the prosecutrix aged about fourteen years went to Lajpat Nagar Market on 11th March, 2002 at about 4 pm where accused Puneet, who was known to the prosecutrix, met her and asked her to come to his home at about 6 pm. Prosecutrix went to meet Puneet at his house at about 6 pm and found him drinking liquor. When prosecutrix told him that she wanted to go back he told her that he would drop her at her house. Thereafter, Puneet took her to a hotel in Lajpat Nagar after enticing her. He also called his friend Ajay Chauhan there. Both Puneet and Ajay Chauhan forcibly had sex with her. Thereafter, Puneet took her to some other place. He was under the influence of liquor at that time. On the way, INdeever met them. Puneet requested him to drop them at Faridabad. INdeever agreed and gave them lift on his scooter. However, on the way, his scooter broke down. Thereafter, they hired a three wheeler scooter and reached Faridabad where Police officials apprehended them. They were released by the Police on 12th March, 2002. Due to fear, prosecutrix could not disclose anything to the Police officials. After they were released by the Police, Puneet took her to Lajpat Nagar and again consumed liquor. When prosecutrix told him that she wanted to go home he did not allow her to leave. IN the meanwhile, Appellant Ganesh, who was friend of Puneet, arrived there. He took them to his friend's house whose name was Sanjay. There Puneet and Ganesh again forcibly had sex with her. They allowed her to leave only on 13th March, 2002. Due to fear she did not go to her house. INstead she went to her aunt's house. IN the evening she went to a park where her brother met her and took her to home.

(3.) PROSECUTRIX was medically examined at All India Institute of Medical Sciences (AIIMS). No external injury was noticed on her person. Hymen was absent. Vaginal smear was taken, sealed and handed over to Investigating Officer. Underwear and jeans of the prosecutrix were taken in possession and sealed. Accused Puneet was also got medically examined at AIIMS. Doctor opined that there was nothing to show that he was incapable of performing sexual intercourse. His blood sample was taken. Subsequently, Appellants and Indeever were also arrested, however, they were not medically examined to find out as to whether they were potent to perform sexual intercourse nor their blood or semen sample was taken. Later on case property was sent to CFSL for chemical analysis and its report was obtained.