BHOLA RAM Vs. STATE (DELHI ADMN.)

JUDGEMENT

(1.) ABOVE referred appeals filed by the Appellants Bhola Ram and Putul are directed against the impugned judgment of the Additional Sessions Judge dated 07th December, 2007 in Sessions Case No.135/2006, FIR No. 334/2005 under Sections 376/506/34 IPC, P.S. Sarojini Nagar and the consequent order on sentence dated 08th December, 2007 whereby the Appellants have been convicted for the offence punishable under Section 376(2)(g) IPC and Section 506/34 IPC and sentenced for the offence under Section 376(2)(g) IPC to undergo RI for the period of 10 years and also to pay fine of Rs. 5000/ -, in the event of default, to undergo SI for the period of three months and for the offence under Section 506/34 IPC to undergo RI for the period of six months.

(2.) BRIEFLY stated, case of the prosecution is that on 07th July, 2005 at about 10.33 p.m., Constable Satpal of PCR informed P.S. Sarojini Nagar on wireless about receipt of information regarding rape committed at House No. A1/288, Safdarjung Enclave, New Delhi. This information was recorded in the Daily Diary register maintained at the police station as DD No. 29A (Ex.PW8/A) and copy thereof was entrusted to SI Yad Ram (PW6) who along with Constable Jakir Husain left for the spot of occurrence. Additional SHO was also informed about the call, who also proceeded to the spot in the official vehicle.

(3.) THE prosecutor, in her statement Ex.PW10/A disclosed that on 01st July, 2005, she was present at the second floor of property No. A1/228, Safdarjung Enclave, New Delhi and her father was doing his duty at the lower floor. Appellant Putul, who was working as a laborer at the said house came upstairs to take his lunch and he took her to the roof of the house on the pretext of giving her a biscuit. There, he intimidated and threatened her and after removing her underwear, forcibly raped her. She further stated that on the same day after some time, Chowkidar Bhola Kaka, who was present there, took her to the room downstairs where he removed her underwear and raped her against her wish. She claimed that even on the next day, both the Appellants raped her and threatened her that if she dared to tell about incident to anyone, they would kill her. Therefore, she did not tell her father about the incident. She further stated that on Sunday, her brother Ram Narayan took her to Hauz Khas where she narrated the entire incident to her sister -in -law Prabha (PW1) on 07th July, 2005. On this, her brother and sister -in -law brought her to A -1/288, Safdarjung Enclave and informed the police on telephone. They also caught hold of the Appellants Putul and Bhola Chowkidar, who were handed over to the police by her brother Ram Narayan.