CHETAN AND ORS. Vs. STATE

JUDGEMENT

(1.) THE three appellants were held guilty, as charged, for the offence of gang rape punishable under Section 376(2) (g) of the Indian Penal Code (IPC) statedly committed against the prosecutrix (PW -6) during 09:00 P.M. to 10:30 P.M. on 03.09.1997 in bus bearing registration no. DBP - 1735 on Outer Road, Mayur Vihar Phase -III, Near CRPF Camp within the jurisdiction of Police Station Kalyan Puri ("the Police Station"), by judgment dated 20.12.1999 of learned Addl. Sessions Judge, in Sessions case no. 7/98, primarily on the basis of testimony of the first informant (prosecutrix). By order dated 20.12.1999, they were sentenced to imprisonment for life with fine of '10,000/ - each, in default to further undergo rigorous imprisonment for two years each, the fine if realized to be paid to the victim (as compensation).

(2.) THROUGH these appeals, the convicts challenge the judgment of the learned trial court pleading innocence and false implication arguing mainly that the word of PW -6 is not worthy of reliance and is not corroborated. The State, on the other hand, defends the impugned judgment urging the appeals to be dismissed.

(3.) THE prosecutrix (PW -6), a woman aged about 25 years on the relevant date, is a native of Nepal. The evidence on record reflects that she was married even when she was a minor. She hardly ever lived with her husband in Nepal, her husband having entered into a second marriage. She had shifted residence to Delhi in search of a job and came to be employed as a domestic servant in the house of a businessman in a locality of South Delhi.