PRAMOD Vs. STATE OF DELHI

JUDGEMENT

(1.) By this common order, I shall dispose of the above two appeals.

(2.) These appeals have been preferred against the Judgment of learned Additional Sessions Judge dated 12th October, 1999 and the order of sentence dated 23rd October, 1999 whereby she convicted the accused/appellants under Section 376 (2) (g) IPC and sentenced the appellants to 10 years of RI and a fine of Rs.2,000/- for the offense.

(3.) The victim, a married lady, about 17 to 18 years of age was from Punjab. She was deserted by her husband and also turned out by her parents. She started living in Delhi along with one person named Raju. On 24th September, 1997, she along with Raju went to Kalkaji Temple near Kalkaji for offering prayers when they got free from Pooja it was night time she and Raju decided to sleep in nearby Dharmshala. Raju enquired from one of the vendors about the place for sleeping and the vendor, Pramod, suggested to him that they should sleep in the nearby DDA shed. So she and Raju went to DDA shed and slept there. Between 12 midnight and 1.00 AM Pramod came to DDA shed along with his four more accomplices and they gave beatings to Raju and made him run away from the place and thereafter prosecutrix was physically picked up and taken to nearby deserted DDA park where she was gang raped by these five persons one after another. Each one of them had taken turn to rape her once and they wanted to have second turn of raping her one by one. On the question as to who would rape her first second time, they quarreled among themselves and one of them took out a razor and injured the other. Finding a chance to cry, the girl cried for help. On hearing her cries, two persons Raghbir, s/o Bhagirath and Raju, s/o Tej Pal, sleeping in nearby shops rushed there and rescued her from the clutches of those boys. Accused Pramod and accused Kalia, who was enjured by Pramod, were apprehended on spot by them. The injured Kalia was bleeding profusely and was taken to hospital by Raju, s/o Tej Pal and Pramod/appellant and the girl were being taken to police post when police met on the way near the Temple and Pramod was handed over to the police. On the disclosure of Pramod, third accused, Kamal Kishore, was also arrested.