KAMAL Vs. STATE

JUDGEMENT

(1.) The present two appeals arise from a common judgment and sentencing order and are therefore being taken-up for consideration and disposal together. Since this matter concerns sexual offences against a 'minor', the names of the prosecutrix, of one of the convicts and some key witnesses have been anonymised in keeping with the verdict of the Hon'ble Supreme Court in Nipun Saxena and Anr. vs. Union of India & Ors., (2019) 2 SCC 703; para 25, 45, 53 and Sakshi vs. Union of India & Ors., (2004) 5 SCC 518; para 32, 34 and sec. 228(A) of the Indian Penal Code, 1860 ('IPC') and sec. 327(2) of the Criminal Procedure Code, 1973 ('CrPC').

(2.) By way of the present appeals, the appellants have impugned judgment dtd. 9/10/2019 whereby they stand convicted by the learned trial court for offences under Sec. 376(2)(g) and 377 read with sec. 34 IPC. The appellants have also challenged sentencing order dtd. 18/10/2019, whereby the appellants have been sentenced to imprisonment for life along with fine of Rs.10,000.00 for the offence under sec. 376(2)(g) IPC; and to imprisonment for life along with fine of Rs.10,000.00 for the offence under sec. 377/34 IPC. Furthermore, the appellants have also been sentenced to simple imprisonment of 06 months in default of payment of fine. The benefit of sec. 428 CrPC has been afforded to the appellants.

(3.) The matter arises from an allegation by the prosecutrix that her father (A1) and his friend Kamal (A2) committed upon her offences as defined under Sec. 376(2)(g) and 377 IPC during the period 13/5/2012 to 22/7/2012. The case came to be registered upon a complaint made by the prosecutrix, which came to be registered as FIR No. 286/2012 dtd. 25/7/2012 at P.S.: Sunlight Colony, New Delhi.