SONU Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) BY filing these four Criminal Appeals bearing Nos. 745/2010, 777/2010, 827/2010 & 945/2010, convicts/Appellants, Sonu, Vinod, Babloo & Satbir are impugning the judgment and order on sentence dated 1.04.2010 & 3.04.2010 respectively passed by learned Addl. Session Judge in Session Case No. 72/2009 in FIR No. 353/2008 under Sections 366/376(2)(g) IPC, PS Narela. The Learned Additional Sessions Judge vide impugned judgment and order on sentence has convicted the four Appellants for committing the offence punishable under Section 376(2)(g)/366 IPC and sentenced them to undergo RI for a period of 10 years with fine of Rs. 5,000/ - each and in default to undergo RI for six months for the offence punishable under Section 376(2)(g) IPC and further to undergo RI for a period of five years with fine of Rs. 5,000/ - each and in default to undergo RI for a period of six months for the offence under Section 366 IPC. Both the sentences were ordered to be run concurrently with benefit of provisions of Section 428 Cr.P.C.

(2.) IN brief the case of the prosecution is that on the night intervening 4th/5th, August, 2008 at 12.53 a.m., an information was received from mobile No. 9268161129 about rape being committed by some boys on the daughter of the informant. The PCR information was recorded vide DD No. 5A Ex. PW 3/D and the said DD was assigned to SI M.P. Singh who along with Constable Yashwant left for the spot. W/ASI Raj Bala was informed about the call

(3.) THE Prosecutrix was taken to Maharishi Balmiki Hospital, Pooth Khurd, Delhi where she was got medically examined vide MLC No. 1846/08 Ex. PW -2/A. Thereafter, rukka was sent for registration of the case through constable Yashwant. During investigation all the four appellants were arrested and medically examined. Exhibits were sent to FSL and after completion of investigation charge -sheet was filed.