EHSAAN Vs. STATE

JUDGEMENT

(1.) Before us are the appeals, i.e. CRL.A. 683/2017 and CRL.A. 814/2017, for setting aside the impugned judgment on conviction dated 07.06.2017 and order on sentence dated 09.06.2017 passed by the learned Additional Sessions Judge/SFTC-2, (Central), Tis Hazari Courts, Delhi in case No. 28971/2016 in FIR No.411/2016 under Section 376-D IPC registered at police station I.P. Estate, New Delhi wherein the appellants are convicted for the offence committed under Section 376-D IPC.

(2.) The brief facts placed before us, are that, on the basis of the information received vide DD. No. 5PPJPN, Ex-PW6/A, Sub- Inspector Manoj along with Constable Satish reached the spot near Mata Sundari College gate, and met the victim 'S' and the caller (Benami) of the DD. No. 5PPJPN. Consequently, after making the enquiry an FIR No. 411/2016 under Section 376-D IPC was registered at Police Station I.P. Estate. The accused Umesh Giri who was caught hold by the said caller, was handed over to SI Manoj at the spot and the victim 'S' also identified one of the rapist at the spot, i.e. Umesh Giri. A women Constable was called at the spot and the victim 'S' disclosed that two men committed rape on her person and one of them is accused Umesh Giri. The victim 'S' was sent for medical examination to the LNJP Hospital where the medical examination of the victim 'S' was conducted vide MLC No. EDI 010954 and later her statement was recorded.

(3.) The accused person Umesh Giri was interrogated and during the interrogation he admitted his guilt and made disclosure statement consequently, the co-accused Ehsaan too was interrogated and arrested, he too admitted his guilt.