HARPREET SINGH Vs. STATE OF DELHI

JUDGEMENT

(1.) These four appeals by Harpreet Singh, Satyender Singh, Kuldeep Singh and Munish Kumar impugn the judgment dated 17 th August, 2009 in Case No. 10/2004 arising out of FIR No. 247/2003 and the order of sentence dated 22 nd August, 2009. The appellants Harpreet Singh and Satyender Singh have been convicted under Section 376(2)(g) of the Indian Penal Code, 1860 (IPC, for short) and all the appellants-accused have been convicted under Section 394/366/34 IPC. Kuldeep Singh and Munish Kumar were also tried for charge under Section 376(2)(g) IPC, but have been acquitted. State has not preferred any appeal against the said acquittal.

(2.) The appellants-Harpreet Singh and Satyender Singh have been awarded life imprisonment for the offence under Section 376(2)(g) and directed to pay fine of Rs.5,000/- each and in default of payment of fine to undergo simple imprisonment for nine months. For the offence under Section 394 IPC, the appellants have been awarded life imprisonment and directed to pay fine of Rs.2,000/- each and in default of payment of fine, to undergo simple imprisonment of four months. For the offence under Section 366 IPC, the four appellants have been sentenced to rigorous imprisonment for ten years each and in addition have been directed to pay fine of Rs.2,000/- each. In default of payment of fine, they have to undergo simple imprisonment of four months.

(3.) The case of the prosecution, which has been accepted by the trial court, is that the four accused, who were wearing military uniforms had gone to Buddha Jayanti Park in a military truck. There they met Ashish Kumar and the prosecutrix (the name of the prosecutrix is withheld to protect her privacy). Two of them, Harpreet and Munish caught hold of Ashish and took him aside. Harpreet, slapped him and took out Rs.100/- from his purse. After walking some distance, Ashish broke free and ran away. The other two, Satyender and Kuldeep caught hold of the prosecutrix, gagged her mouth and dragged her to the forest. They took her to the military vehicle, where Harpreet and Munish also joined them. Four of them forced and made her sit in the back side of the military truck. After driving for about 5-10 minutes, the vehicle stopped and the prosecutrix was made to get out of the vehicle and was taken towards the bushes. Thereafter, Harpreet and then Satyender raped her. Harpreet Singh also slapped her twice/thrice and took Rs.120/- from her purse. Later on all of them left in the vehicle. The prosecutrix wept, cried and after wearing her clothes started walking back. After walking some distance, she met Ashish, who had come looking for her along with the police. SI Satbir Singh along with Ct. Raghuraj, Ashish and the prosecutrix went into the forest to search for the accused. They reached a hut located near the Polo Club. When called out, whether anybody was there, the appellant Harpreet came out and was recognized by the prosecutrix and Ashish.