MUKESH Vs. STATE

JUDGEMENT

(1.) This judgment shall dispose of three appeals arising out of a common judgment dated 02.9.2011 in respect of FIR No. 330/2009 at PS Kalyan Puri, registered against the three appellants under Sec. 376(2)(g) of the IPC.

(2.) The appellants herein have challenged the impugned judgment dated 2.9.2011 and the order of sentence dated 5.9.2011, passed by the learned District Judge and Additional Sessions Judge-I/C (East) holding inter alia that they are guilty of the offence punishable under Sec. 376(2)(g) Penal Code and sentencing them to undergo rigorous imprisonment for a period of 10 years and fine of Rs.5,000.00 each and in default of payment of fine, directed that the appellants shall undergo SI for a period of three months each.

(3.) The case as set up by the prosecution during the trial and noticed in the impugned judgment relates to an incident that had taken place on 25.10.2009, when SI Harpal Singh (PW-14) had received DD No.22A that a girl had been raped. PW-14 reached Jhuggi No. 651, Block No.18, Indira Camp, Kalyan Puri, Delhi, where he had met the prosecutrix (PW-7), who had informed him that she had been subjected to rape. Accompanied by Ct. Amrik Singh (PW-2) and Lady Ct. Poonam (PW-1), the prosecutrix was sent to LBS Hospital along with her mother, where she was medically examined vide MLC (Ex.PW9/A) and the attending doctor gave his report (Ex.PW6/A).