RAMJAN ALIAS PAGLA Vs. STATE (GNCT OF DELHI)

JUDGEMENT

(1.) By these three appeals, the three appellants Ramjan @ Pagla, Nasiruddin @ Boba and Sheikh Jahangir challenge the impugned judgment dtd. 10/12/2019 convicting them for offences punishable under Ss. 458/34 and 376(2)(g) IPC and appellant Nasiruddin @ Boba and Sheikh Jahangir having been convicted for offence punishable under Sec. 395 IPC and appellant Ramjan @ Pagla having been convicted for offence punishable under Sec. 397 IPC. Challenge is also laid to the order on sentence dtd. 12/12/2019 whereby the appellants were directed to undergo 7 years rigorous imprisonment and a fine of Rd. 10,000/- each for offence punishable under Sec. 458/34 IPC, rigorous imprisonment for a period of 10 years and a fine of Rs.20,000.00 each for offence punishable under Sec. 376(2)(g) IPC. Nasiruddin @ Boba and Sheikh Jahangir were directed to undergo rigorous imprisonment for a period of 7 years and to pay a fine of Rs.10,000.00 each for offence punishable under Sec. 395/34 IPC and appellant Ramjan @ Pagla was directed to undergo rigorous imprisonment for 10 years and to pay a fine of Rs.15,000.00 for offence punishable under Sec. 397 IPC. Sentences were directed to run concurrently and benefit of Sec. 428 was also granted.

(2.) Besides the three appellants one Shah Alam was also convicted by the impugned judgment for offences punishable under Sec. 458/34 and 376(2)(g) IPC as also offence punishable under Sec. 395 IPC. Vide the order dtd. 9/7/2021 in CRL.A. 399/2020 this Court directed the Registry to trace the appeal filed by Shah Alam. However, it was reported that no appeal was filed by Shah Alam. Thus, though vide the impugned judgment of conviction four accused were convicted, however the appeals have been filed by the three appellants herein.

(3.) Briefly case of the prosecution is that on the intervening night of 1 st and 2/5/2010 at about 3.30 AM when the prosecutrix was sleeping in her house along with her son aged 12 years and daughter aged 10 years, four boys aged about 20 years entered her bedroom. One of the boys put knife on her neck while the other boy put knife on the neck of her son and daughter and thereafter took cash, gold, silver jewellery and other documents. It is further alleged that three of the boys, who were later identified were Sheikh Jahangir, Shal Alam and Nasiruddin, took her to another room and the fourth boy i.e. Ramjan put knife on neck of her son whereafter three boys committed rape upon her. At around 3.30 AM the prosecutrix informed her tenant that her house on the ground floor has been ransacked, who in turn informed the Police resulting in the registration of FIR No. 153/2010 at PS Jahangirpuri for offences punishable under Sec. 458/392/395/397/376(2)(g) IPC and Sec. 25 Arms Act.