RAM CHANDER Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) AGGRIEVED by a judgment dated 23.12.2010 of learned Addl. Sessions Judge in Sessions Case No. 11/2008 arising out of FIR No. 111/2007 PS Gokalpuri, Delhi, by which the appellant - Ram Chander was convicted under Sections 376(2)(g) /380/506 IPC, the instant appeal has been preferred by him. By an order dated 06.01.2011, he was awarded RI for ten years with fine Rs. 50,000/ - under Section 376(2)(g) IPC; RI for three years with fine Rs. 10,000/ - under Section 380 IPC and RI for three years with fine Rs. 5,000/ - under Section 506 IPC. The substantive sentences were to operate concurrently.

(2.) THE prosecution case as set up in the charge -sheet was that on 15.02.2007 at about 11.00 a.m. at A -98, gali No. 2, Bhagirathi Vihar, Delhi, the appellant - Ram Chander @ Kanhaya along with his associate Vashisht @ Thekedar (since PO) committed gang rape upon 'X' (assumed name) aged 28 years. They also committed theft of Rs. 28,000/ -, ear -rings and gold chain belonging to the complainant besides criminally intimidating her. Police machinery was came into motion on receipt of an information about a 'quarrel' and Daily Diary (DD) No. 6A (mark '4 -A') came into existence at PS Gokalpuri, Delhi at 11.18 hours. The investigation was assigned to HC Chanderveer Singh who with Const. Rambhaj went to the spot. The investigation was taken over by W/ ASI Nirmala who lodged First Information Report after recording victim's statement (Ex.PW -1/A). 'X' was medically examined. Statements of various witnesses conversant with the facts were recorded. Efforts were made to locate the perpetrators of the crime. The appellant could be arrested on 22.03.2007 whereas his associate Vashisht @ Thekedar remained untraced and was finally declared Proclaimed Offender. Upon completion of investigation, a charge -sheet was laid before the Court against the appellant. The prosecution examined nine witnesses to substantiate its case. In 313 Cr.P.C. statement, the appellant denied his involvement in the crime and pleaded false implication without producing any defence evidence. The trial resulted in his conviction as aforesaid. Being aggrieved and dissatisfied, the instant appeal has been preferred.

(3.) THE occurrence that took place on 15.02.2007 at around 11.00 a.m. was promptly reported to the police and Daily Diary (DD) No. 6A (mark '4 -A') came into existence at PS Gokalpuri, Delhi at 11.18 hours. HC Chanderveer Singh with Const. Rambhaj immediately rushed to the spot where 'X' apprised them about commission of rape. PW -5 (HC Chanderveer Singh), on getting information about commission of rape by Vashisht @ Thekedar and Kanhaya, requested the Duty Officer to depute senior officer. Subsequently, the investigation was undertaken by W/ASI Nirmala who with SI Prakash Roy reached the spot. She recorded victim's statement (Ex.PW -1/A) and sent rukka by making endorsement (Ex.PW - 4/A) over it at 04.15 P.M. Prior to that at 02.10 p.m. 'X' was medically examined at Guru Teg Bahadur Hospital, Shahdara vide MLC (Ex.PW - 8/A). In her statement (Ex.PW -1/A), 'X' gave detailed account of the incident and attributed specific role to the appellant and his associate in the commission of crime. While appearing as PW -1, she proved the version given initially to the police without any variation. In her deposition before the Court, she disclosed that on 15.02.2007 at around 11.00 a.m. she was alone in the house as her husband was away to his place of work. At that time, the appellant who lived on the third floor of the house as 'tenant' along with his associate Vashisht @ Thekedar, came; tapped her door and enquired whereabouts of her husband. When she apprised him that her husband was away at his work, he put the latch of the door from outside. After a while, the appellant and his associate came inside her room and put the latch of both the doors of the room. Vashisht @ Thekedar removed her salwar. Attributing specific role, she disclosed that the appellant caught hold of her; whereas Vashisht @ Thekedar closed her mouth. The accused removed her ear -rings, chain and cash Rs. 28,000/ -. Vashisht @ Thekedar committed rape upon her in his presence. The accused held her while Vashisht @ Thekedar put knife on her chest. She could not raise alarm due to fear. Both of them tied her hands and legs, put her on the bed and threatened to kill if she raised alarm. In the cross -examination, she informed that she had three children and the eldest one was aged about 11 years. Her two children used to go to school. She fairly admitted that the appellant had not removed her jewellery forcibly. She was tied with the clothes of her husband. She knew the appellant by the name of Kanhaya.