VIRENDER NANDA ALIAS DIMPLE Vs. STATE OF DELHI

JUDGEMENT

(1.) By this common judgment, the above two appeals filed by appellants Virender Nanda @ Dimple and Jupinder Singh are being decided. The learned Addl. Sessions Judge vide judgment dated 28th August , 2002 held the appellant Virender Nanda guilty under section 354 IPC and under section 376(2)(g) IPC and the appellant Jupinder Singh guilty under section 376(2)(g) IPC. Vide order dated 29th August, 2007, he sentenced them both to life imprisonment along with fine of Rs.10,000/- each and in default, simple imprisonment for two years. Rs.10,000- out of the fine, if realised, was also directed to be be paid to the victim.

(2.) The facts as they unfold from the prosecution's case may be noticed. The complainant in this case is 'AN', mother of the prosecutrix, a minor girl of six years hereinafter referred to as 'N'. The father of the prosecutrix is referred to as 'SN'. He runs a cloth shop. On 18th June, 2001, 'N' went looking for Narender, her Mama/Maternal Uncle. While looking for Narender, she reached the office of his friend Satish where she saw that appellant Virender Nanda @ Dimple was present. Virender Nanda @ Dimple thereafter took her to his office which was fitted with an air conditioner where co-accused/appellant Jupinder Singh was also sitting there and having drinks. As per the prosecution case, Virender Nanda @ Dimple raped 'N' and also had oral sex with her. Jupinder Singh who was present told Virender Nanda @ Dimple "Kar le Kar le". This was told to complainant by 'N'. As per AN's statement, thereupon, she went to Virender Nanda's office but found it locked. She went again and asked Virender Nanda @ Dimple but he did not tell anything. Thereupon, she abused him in presence of several persons but he did not say anything. Virender Nanda @ Dimple afterwards phoned her and threatened her that in case she revealed anything to police, he would eliminate the complainant and her daughter. Complainant 'AN' was alone as her husband had gone to Punjab and she waited for him to return. Her husband 'SN' returned on 21st June, 2001 and thereupon they called PCR van. A case was registered and investigation followed.

(3.) The case of the prosecution in brief as noticed above is that appellants Virender Nanda @ Dimple and Jupinder Singh committed gang rape on 'N' in the evening of 18th June, 2001. Virender Nanda @ Dimple attempted to outrage her modesty by having oral sex with her and thereby having committed offence punishable under section 354 IPC also. Virender Nanda @ Dimple is further alleged to have committed offence under section 506 IPC by threatening and intimidating 'AN' against lodging any complaint or taking any action. Virender Nanda @ Dimple was arrested at the IGI Airport on 27th June, 2001 while Jupinder Singh surrendered at the police station on 7th September, 2001. Charges were framed. It may be noticed that prosecutrix was also examined on 23rd June, 2001. Her hymen was found intact. However, the Doctor found redness around Periurethral region. Virender Nanda @ Dimple was also examined by the Doctor who submitted her report which is exhibit PW 5/A and found him capable of performing sexual intercourse. The vaginal swab of the prosecutrix 'N' was also taken. Underwear of the prosecutrix produced by her father was taken possession of on 6th July, 2001. Underwear of the appellant-Virender Nanda @ Dimple was also taken possession of.