AJAY KUMAR Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) CRIMINAL Appeal (Crl. A.) No. 1124 of 2010 is by Ajay Kumar (Appellant No. 1) (Accused No. 2) and Banti (Appellant No. 2) (Accused No. 1) against the judgment dated 28th July 2010 passed by the learned Additional Sessions Judge in SC No. 139 of 2007 convicting both the Appellants for the offences under Sections 323/341 and 363/34 of the Indian Penal Code ('IPC') and the order on sentence dated 4th August 2010 sentencing them to undergo five years rigorous imprisonment ('RI') and to pay a fine of Rs. 3,000/ - each and in default to undergo three months further RI for the offence under Section 363/34 IPC; to undergo RI for nine months' for the offence under Section 323/34 IPC and to undergo one month's RI for the offence under Section 341/34 IPC. All the sentences were directed to run concurrently.

(2.) THE State has filed Crl. A. No. 71 of 2012 against the same judgment of the trial Court in so far as the two accused have been acquitted of the offences under Sections 366/328/368 IPC.

(3.) PW -1, the IO, stated that Babita, the sister of PW -2, and her husband (PW -11) came to the PS along with PW -2. According to PW - 1, PW -2 had informed her parents that she had been kidnapped by Banti (A -1) , Alia, Ajay (A -2) , Umar Daraj, Reshma, Salma and Kayyum. In her statement to the police under Section 161 of the Code of Criminal Procedure ('Cr PC') recorded on 11th November 2005, PW -2 stated that on 7th October 2005 while she was returning home after buying vegetables, she was intercepted by five boys viz., Banti (A -1) , Vikas, Ajay (A -2) , Umar Daraj and Alia who took her to a godown. They had her confined there. According to PW -2, the godown keeper called the police but no one came for help. Meanwhile, A -1 took her forcibly from there and others also caught hold of her. She was forced to inhale something intoxicating after which she fell unconscious. When she became conscious, PW -2 found herself in Firozabad. She noticed that A -1, A -2 and Vikas had left. Only Umar Daraj and Alia remained there. She alleged that Umar Daraj and Alia subjected to rape her continuously thereafter for several days. On one occasion she was able to call her family and tell them that she was in Agra in dire states. PW -2 was then rescued by them and brought back to Delhi.