PUSHPINDERA 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 IPC and each of them had been sentenced to undergo RI for 10 years and to pay a fine of Rs.5,000/ - in default of payment of fine to undergo SI for 1 year for the offence punishable under Section 376(2)(g) of the IPC; for the offence under Section 506 Part - II of the IPC each of them had been sentenced to undergo RI for 3 years. Both the sentences were to run concurrently. Benefit of Section 428 of the Cr.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.) PURSUANT to the statement of the victim (PW -3/A) rukka Ex.PW -11/A was dispatched at 2.00 a.m.; present FIR was accordingly registered. The arrest memo of the accused Ex.PW -3/D and Ex.PW -3/E disclosed that the accused were arrested at 8.00 a.m. on the following morning i.e. of 21.05.2001. Further case of the prosecution is that a helper of the bus Gaurav Kumar (PW -5) had witnessed this incident; this had also emanated in the complaint of the victim (Ex.PW -3/A).