RAJ RANI Vs. STATE OF DELHI

JUDGEMENT

(1.) These six appeals arise out of the judgment dated 17th December, 2002 rendered by an Additional Sessions Judge, Shahdara, Delhi in Sessions Case No.36/2000 arising out of FIR 373/96, PS Bhajanpura, Delhi whereby the appellants Rajinder @ Raju, Sunil Kumar, Raj Kumar @ Raju and Jai Kishan @ Jaickey were convicted for the offences punishable under Sections 376/302/201/397 read with Section 120-B IPC and appellants Kamaljeet and Raj Rani were held guilty under Section 412 IPC. Since all the appeals have arise out of the same judgment of the trial Court and were heard together by us we are disposing them of by this common judgment.

(2.) The case of the prosecution as noticed by the trial Court in para nos. 1 " 12 of its judgment is as follows:-

(3.) The learned trial court charged accused Kamaljeet and Raj Rani under Section 412 IPC while other four accused persons were charged under Section 120- B IPC and also under Sections 376/302/201/397 read with Section 120-B IPC. The prosecution had examined as many as 48 witnesses for establishing its case and the learned trial court after examining and analysing the evidence so adduced found the prosecution case established in entirety and consequently vide impugned judgment dated 17th December, 2002 convicted all the six accused persons for the commission of aforesaid offences for which they were charged and tried. Vide order dated 20th December, 2002 appellants Jai Kishan @ Jaicky, Raj Kumar @ Raju, Sunil Kumar and Rajinder @ Raju were awarded life imprisonment with a fine of Rs. 10,000/- each and in default of payment of fine they were further sentenced to undergo rigorous imprisonment for two years each under Section302 IPC. They were also sentenced to undergo rigorous imprisonment for seven years on each count for their convictions under Sections 376/201/397 read with Section 120-B IPC and also to pay a fine of Rs. 1000/- each, in default of payment of which they were to further undergo rigorous imprisonment for three months. Substantive sentences of imprisonment were ordered to run concurrently. Appellant Raj Rani was sentenced to undergo rigorous imprisonment for five years and also to pay a fine of Rs. 75,000/-, in default of payment of which she was further ordered to undergo rigorous imprisonment for five years and appellant Kamaljeet was sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 1,50,000/-, in default of payment of which he was ordered to further undergo rigorous imprisonment for seven years. Benefit of section 428 Cr.P.C. was extended to all the six accused persons.