AMAN Vs. STATE

JUDGEMENT

(1.) Vide these appeals, the appellants, namely, Aman @ Sonu, Rahul @ Raghu, Mohd. Wasim @ Sahil, Sunny and Bal Kishan @ Karvaya have challenged the judgment dtd. 21/9/2017 passed by Ld. Addl. Sessions Judge-Special FTC-02 (Central), Tis Hazari Courts, Delhi, ('impugned judgment' in short), whereby :

(2.) Briefly stating, the prosecution case is that, on 25/4/2014, at about 2.05 am, an information was received at PP Tis Hazari, PS Subzi Mandi through wireless that 'Mori Gate Petrol Pump near Pul Mithai, Phool Mandi, Koocha Mahotwar Khan, Rain Basera, ek ladki 15-16 saal ki, jise koi saath laya tha aur uske saath galat kaam hua hai' which was recorded vide DD no. 5 (Ex. PW-39/A) ; said DD was marked to SI Pradeep Rai, who along with Ct. Dharmender and Ct. Amit (PW-25) reached at the informed place i.e. Phool Mandi, Rain Basera near Kucha Mohtar Khan, Mori Gate, Delhi. On reaching there, they met PW-4 Khushi Ram, who had made a call at 100 number from his mobile phone no. 9911247049); he produced Prosecutrix M (PW-1) informing that she has been raped. In the meanwhile, SI Meena Yadav (PW-32), W/Ct. Shipra and senior officers also reached there. Police took the prosecutrix to Aruna Asaf Ali Hospital, Delhi, where she was medically examined initially by Dr. Solomi (PW-23) vide MLC Ex. PW-23/A and then by Dr. Kiran, SR (Obs and Gynae) (PW-11) vide MLC Ex. PW-11/A. After getting the prosecutrix medically examined, PW-32 SI Meena Yadav recorded the statement of the prosecutrix M (Ex. PW-1/A), wherein she stated that as she wanted to meet her sister S (who used to live in Jalandhar, Punjab) she reached at Saloni (Saunoli) border on 23/4/2014 by bus from her village situated in Nepal and then to Basti Station by bus and then she boarded a train for Delhi. In the train, she met one boy who told her that he resided in Delhi and assured to help her and also provided his mobile number 8586880171, which she noted in her diary, (Ex. PW1/E) which was seized vide seizure memo (Ex. PW1/D). She further stated that after reaching Delhi on 24/4/2014 at around 12.00/12.30 noon, she took a ticket of general compartment for Jalandhar. While she was waiting for the train, she met another boy, who gave his mobile no. 9871193884, which also she noted in her dairy. Said boy took her for breakfast/food and as there was still some time for the train to arrive; she reached at platforms no. 15 and 16 from platforms no. 12 to 14 and the said boy left. As she was roaming around, she missed her train which was scheduled for 2.15. She became tense and while she was moving around in tension, she met another boy, who on her asking, dialed mobile no. 9871193884, but the receiver (boy) refused to come on phone/talk to her. She became more tense, on which the said boy whose name she later came to know as Raghu/appellant pacified her and assured to make arrangement for her food and stay. Said boy/Raghu took her outside the platform and made a call and then took her to Rajghat (Samadhi of Mahatma Gandhi) in a van, in which four boys were already sitting. Thereafter, they all took her to a room, where all the five boys raped her one-by-one against her wishes. Then, they took her towards railway station, where she and the Rahul/appellant were made to get down from the Van and remaining persons left that place in van. Thereafter, two more friends of Rahul/appellant came and they all forcibly took her to a nearby secluded forest, where they all raped her against her wishes and then all of them left that place. While she was weeping, one person (PW-4 Khushi Ram) met her and asked her the reason for the same and she narrated the happening to him, who then made a call to the police.

(3.) Appellants Aman @ Sonu, Rahul @ Raghu, Sunny and Bal Kishan @ Karvaya were charged for the offences punishable under Ss. 366/34 IPC and 376-D IPC. Appellants Rahul @ Raghu and Bal Kishan @ Karvaya were also charged for the offence punishable under Sec. 376 (2) (n) IPC and Mohd. Wasim @ Sahil was charged for the offence punishable under Sec. 376-D IPC.