SUNIL Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) There are two appellants before this court namely Sunil and Sanjeev Kumar @ Kala. Both of them are aggrieved by the impugned judgment and order on sentence edated 22.01.2013 and 28.01.2013 wherein each of them had been convicted for the offence under Section 376(2)(g) of the IPC. They have also been separately convicted under Sections 366/342 read with Section 34 of the IPC. The sentences awarded to each of them is RI 10 years for their conviction under Section 376(2)(g) of the IPC and to pay a fine of Rs.10,000/- in default of payment of fine to undergo RI for 2 years. For their conviction under Section 366 of the IPC they had been sentenced to undergo RI for a period of 7 years and to pay a fine of Rs.5000/- in default of payment of fine to undergo RI for 1 year. For their conviction under Section 342 of the IPC they had been sentenced to undergo RI for a period of 10 years and to pay a fine of Rs.1000/- in default of payment of fine to undergo RI for a period of 3 months. Sentences were to run concurrently. Benefit of Section 428 Cr.P.C. had also been granted to the appellants.

(2.) Nominal roll of the appellant has been requisitioned. It reflects that as on date the appellants have undergone incarceration of 6 1/2 years including remissions earned by them. Their jail conduct has been satisfactory.

(3.) The version of the prosecution has been unfolded in the testimony of the prosecutrix "SK" examined as PW-4. Her version was that she had come to live with her Tai in Delhi since last four months prior to the incident. She had come to Delhi for getting her handicap card prepared for the purpose of enabling her to obtain pension as a handicap person. While she was going to ease herself out of the house of her Tai, a person who was residing in the neighbourhood came from the back side and gagged her mouth with the help of a cloth and took her in a room where he was rearing pigs. Another person Meenu bolted the door from outside. Appellant Sanjeev and Sunil who were inside the room committed rape upon her. First Sanjeev committed rape upon her and this was followed by Sunil. On hearing her shrieks her Bhabhi Rinki (PW-1) and Tai Raj Rani (PW-2) opened the latch from outside and came inside the room and rescued her. Police was informed. Investigation was set into motion. The accused persons who were named in the FIR had been arrested. The victim was medically examined by Dr.Palavi Singh, Sr. Gynecologist and her MLC was proved as Ex.PW-5/A. Her vaginal swabs and her clothes were seized and were sent to the FSL for an examination. FSL reports were proved through the Senior Scientific Officer Ms.Poonam Sharma (PW-9) as Ex.PW-9/A and Ex.PW-9/B respectively.