NEERAJ Vs. STATE

JUDGEMENT

(1.) This appeal under Sec. 374 read with Sec. 482 of the Code of Criminal Procedure, 1908 (the Cr.PC), has been filed by the five accused persons in SC No. 114/2015 on the file of the Sessions Court, North-West, Rohini Courts, Delhi, assailing the judgment dtd. 11/12/2017 as per which they have been convicted and sentenced for the offences punishable under Ss. 342, 365, 376 (f) & (g) and 506 (ii) of the Indian Penal Code, 1860 (the IPC).

(2.) The prosecution case is that all the accused persons, five in number entered into a criminal conspiracy to kidnap PW3 for ransom and in furtherance of the said conspiracy, on 14/12/2010 forcibly took her away and wrongfully confined her in the house of the 5th accused (A5). An amount of Rs.10,000.00, and jewellery was demanded and if the demand was not met, PW3 was threatened that her only brother would be killed. All the accused persons also raped PW3 during the period of confinement. Hence, as per the chargesheet/ final report A1 to A5 are alleged to have committed the offences punishable under Ss. 342, 364A, 376 (f) & (g), 506 and 120B IPC.

(3.) On the basis of Ext. PW16/A FIS of PW16, the father of PW3, the victim, given on 16/12/2010, Crime no. 436/2010, Sultanpuri Police Station, that is, Ext. PW2/A FIR, was registered by PW2, Head Constable (HC). PW28, the Woman Sub-Inspector (WSI) conducted the investigation into the crime and on completion of the same filed the charge-sheet/final report against A1 to A4 alleging the commission of the offences punishable under the abovementioned Sec. . Subsequently, a supplementary charge-sheet against A5 alleging the commission of the very same offences was submitted.