RAJENDER SINGH @ THOLU & OTHERS Vs. STATE

JUDGEMENT

(1.) BY this common judgment, I shall dispose of the three Criminal Appeals bearing No.91/2009, 142/2009 and 151/2009, which have been filed by the Appellants Rajender Singh @ Tholu, Bhupender Singh @ Binder and Gurpal Singh @ Vicky respectively on being convicted in Sessions Case No.312/2006 by learned Addl. Sessions Judge, Rohini Courts, Delhi.

(2.) BRIEFLY stating, the case FIR No.278/2005 under Sections 363/376/120 -B/34 IPC was registered at PS Prashant Vihar on the basis of statement Ex.PW2/A made by Km. R (name withheld to conceal her identity) aged about 13 years, who is the victim of sexual assault. The contents of FIR reveal that R alongwith her family was residing at the third floor in Sardar Colony. On 27.03.2005 at about 7.30 pm when R came downstairs to use the bath room, all the three Appellants forcibly took her to the house of Appellant Tholu in a room situated at the third floor. After taking her there, all the three Appellants bolted the room from inside. While Appellants Tholu and Binder continued standing in the room on one side, Appellant Vicky started molesting her. She suffered injury on her head when her head got hit on the surface of window. She raised alarm. On hearing her noise, her mother Maya (PW -1) came upstairs and knocked the door due to which Appellant Vicky became nervous and jumped from another door of the room. On getting the opportunity, she opened the kundi and while her mother was taking care of her, the other two Appellants Tholu and Binder got the chance to flee from there.

(3.) DD No.34 -A has been recorded at PS Prashant Vihar to the effect that an information from PCR has been received about a quarrel at Sardar Colony. DD No.34 -A was assigned to ASI Jai Bhagwan, who alongwith Ct.Braham Prakash, left for the spot.