ADESH DUBEY Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) There are two appellants before this Court. They are aggrieved by the impugned judgment and order of sentence dated 16.5.2002 and 18.5.2002 wherein the appellants had been convicted under Sections 376(2)(g) and 506 Part II of the Penal Code and each of them had been sentenced to undergo RI for 10 years and to pay a fine of INR 5,000.00 in default of payment of fine to undergo SI for 1 year for the offence punishable under Sec. 376(2)(g) of the IPC; for the offence under Sec. 506 Part- II of the Penal Code each of them had been sentenced to undergo RI for 3 years. Both the sentences were to run concurrently. Benefit of Sec. 428 of the Crimial P.C. had also been awarded to the appellants.

(2.) The version of the prosecution is that on 20.5.2001 at about 9.30 p.m. while 'K' (PW-3) was travelling in a bus No.DL-1PA-6430 she was gang raped by three persons; they had committed rape upon her one after another; two appellants are before this Court. PW-3 had lodged her complaint (Ex.PW-3/A) in the local police station; she had noted the bus number on her palm.

(3.) Beat Constable Praveen Kumar (PW-8) who was on patrol duty near Badarpur Chowk market had first met the prosecutrix who was weeping. His version was corroborative of this statement of the prosecutrix; he had deposed that the number of the bus was noted by the prosecutrix on her palm. PW-8 had taken the victim to the police station where they met SI Naresh (PW-11). Victim accompanied by PW-11, PW-8 and Constable Jogender (PW-7) went to the spot where accused persons were found in the bus; they were identified by the prosecutrix. Their disclosure statements Ex PW-7/C and Ex.PW-7/D were recorded.