RAVINDER YADAV Vs. STATE OF DELHI

JUDGEMENT

(1.) THE appellants are aggrieved by the impugned judgment and order of sentence dated 19.07.2003 & 25.07.2003 respectively wherein all three of them i.e. Ravinder Yadav @ Dhillo, Preetam Singh @ Raju @ Raj and Love Kush @ Ravinder had been convicted under Sections 376(2)(g), 363 and 366 of the IPC and had been sentenced to undergo RI for a period of 10 years and to pay a fine of Rs. 10,000/ -; in default of payment of fine to undergo SI for one year for the offence under Section 376(2)(g); for the offence under Section 366 of the IPC, they had been sentenced to undergo RI for a period of seven years and to pay a fine of Rs. 200/ -; in default of payment of fine to undergo SI for 7 days; for the offence under Section 363 of the IPC, they had been sentenced to undergo RI for a period of three years and to pay a fine of Rs. 200/ -; in default of payment of fine to undergo SI for 7 days. The sentences were to run concurrently. Benefit of Section 428 of the Cr.PC had been granted to them.

(2.) THE facts as emanating from the record reveal that on 17.11.1998 at 07:45 am, the prosecutrix 'S' (PW -3) who had left her house for going to school, being a student of 10th class; had alighted at the bus stand at Tilak Nagar and was walking on the jail road to take a rickshaw; at about 08:30 am a motorcycle bearing No. DDX 3951 stopped near her. The motorcycle was being driven by Preetam Singh; appellant Love Kush was the pillion rider. She was informed that her brother had met with an accident and they would take her to him. She accordingly accompanied appellants Preetam and Love Kush on their motorcycle. She was taken to a flat on the ground floor. Two other boys were already there. On inquiry by her about her brother, she was told that they would take her to him after sometime. One boy bolted the door from outside. Preetam committed rape upon her and thereupon Love Kush threatened her with a knife that if she raised alarm or told anyone of the incident, her brother would be kidnapped; he also committed rape upon her. She was again threatened that in case she raised alarm, acid would be thrown upon her. The tape recorder was put at a high volume. The third boy also committed rape upon her. While leaving, appellant Preetam wrote his telephone number on her school register.

(3.) ON 19.11.1998, Preetam was arrested. In his disclosure statement (Ex. PW -14/F) the names of his co -accomplices were disclosed. It was disclosed that house No. DG -3/217 where the heinous act was committed belonged to the bua of appellant Ravinder. The co -accused Love Kush and Ravinder were subsequently arrested on 19.11.1998. In the TIP proceedings, the fourth accused Bhagwan was not identified by the prosecutrix. From the place of offence, a bed -sheet, pillow cover, bottle of acid as also a kirpan was seized and taken into possession vide memo Ex. PW -1/D.