SONI Vs. STATE

JUDGEMENT

(1.) Appellants were charged for having committed offences punishable under Sections 363, 365, 366, 376 and Section 120-B, IPC. Appellants Rajan, Gomti, Soni and Udal suffered a conviction under Section 376, IPC. Appellant Kalyan suffered a conviction under Section 366, IPC, vide judgment dated 3.12.2001 in Sessions Case No. 104/98.

(2.) Vide order dated 4.12.2001, Rajan, Soni, Gomti and Udal were sentenced to undergo imprisonment for a term of 10 years with fine of Rs. 500/- each, in default of payment of fine to undergo S.I for 3 months. Kalyan was imposed a sentence of imprisonment of 7 years with fine of Rs. 500/-. In default to undergo S.I. for 3 months.

(3.) In a nutshell, case of the prosecution against the accused was that prosecutrix 'R' was abandoned by her husband. Kalyan met her during Navratras in 1997 and told her that her husband had been admitted in a hospital at Mathura. She, along with her two children accompanied Kalyan, who took her to Patrawal, District Mathura. She was kept there for 1-2 days and from there was taken to Rudawal, a place in District Bharatpur. She was handed over to Rajan. Rajan snatched her jewellery. She was confined there for 2 months. Rajan, Udal, Gomati and Soni, all brothers, repeatedly raped her. After about 2 months they took her, to be sold to some other place. She managed to escape and reached P.S. Deeg. The police at Deeg helped her to be dropped at Mathura from where she reached Delhi and lodged a complaint at the police post Nehru Place on 5.12.1997, pursuant whereto FIR was registered. Daughter of the prosecutrix, Pramodi was recovered from Rajan on 28.12.1997. Prosecutrix 'R' was found to be pregnant when medically examined on 6.12.1997.