ANWAR Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) In these appeals filed under Sec. 374 of the Code of Criminal Procedure, 1973 (the Cr.P.C.), the appellants/accused persons, 3 in number, in S.C. No. 135 of 2013 on the file of the Additional Sessions Judge (Special Fast Track Court)-01, West, Tis Hazari Courts, Delhi, assail the judgment and order on sentence dtd. 18/7/2017. Vide the impugned judgment and order on sentence, the accused persons have been convicted and sentenced for the offence punishable under Sec. 376D of the Indian Penal Code, 1860 (the IPC).

(2.) The prosecution case is that on 31/5/2013 at about 11:00 P.M., when PW11, the victim, came out of the washroom situated outside her house, A1 forcibly abducted her and made her sit in a Santro car. A2 and A3 caught hold of PW11 while A1 drove the vehicle. Thereafter, PW11 was taken to a godown at Kamruddin Nagar, Delhi, where A1 to A3, in furtherance of their common intention, committed gang rape on her one after the other. As per the chargesheet/final report dtd. 18/7/2013, the accused persons are alleged to have committed the offences punishable under Ss. 363and 376(2)(g) IPC.

(3.) Based on Exhibit PW11/A FIS of PW11, crime no. 167/2013 Nangloi Police Station, i.e., Mark A FIR, was registered by PW6, Assistant Sub Inspector. PW18, Woman Sub-Inspector, conducted investigation into the crime and on completion of the same, submitted the chargesheet/final report dtd. 18/7/2013 before the trial court, alleging the commission of the offences punishable under the aforementioned Ss. .