USMAN ALIAS KALE Vs. STATE

JUDGEMENT

(1.) The present appeal has been filed by the convicts/ appellants (hereinafter referred to as "the appellants"), namely, Usman @ Kale, Shamshad @ Khutkan, Iqbal @ Billi, Shahid @ Billi and Kamruddin @ Kamru under Section 374(2) of the Cr.P.C. against the judgment dated 14.10.2014 whereby the appellants have been convicted under Section 365 / 34 , 376(2)(g) , 506 / 34 IPC, and against the order on sentence dated 20.10.2014, whereby the appellants have been sentenced to life imprisonment along with fine of Rs.25,000/- each and in default of payment of fine to further undergo six months imprisonment under Section 376(2)(g) IPC; to undergo rigorous imprisonment for seven years with fine of Rs.25,000/- and in default of payment of fine to further undergo six months imprisonment under Section 365 / 34 IPC; and to undergo five years rigorous imprisonment under Section 506 / 34 IPC.

(2.) Factual matrix, emerging from the record, is that the prosecutrix and her friend, both BPO employees, on the night intervening 23.11.2010 and 24.11.2010 were dropped by their office cab near M/s Sharma Automobiles, Moti Bagh, New Delhi. The prosecutrix was abducted by the appellants at about 1.10-1.15 a.m. in Mahindra Pick Up vehicle, while she and her friend (PW2) were walking to their home. At about 1.30 a.m., friend of the prosecutrix PW2 made a complaint to the police with regard to abduction of the prosecutrix in a matador tempo vehicle by armed persons and disclosed that they had taken the Ring Road. The said information was recorded in Police Station Dhaula Kuan vide DD No.3A. Police team reached the place of abduction of the prosectrix and met the eye witness/friend of the prosecutrix PW2. In the meantime, the witness (PW2) informed the police that she received a call from the prosecutrix that she was in Mangolpuri. At about 2.25 a.m., the prosecutrix made a call to the police control room that she was dropped by some boys near T-2/190, Phase-1, Mangolpuri Industrial Area after being kidnapped and raped. The said information was recorded in Police Station Mangolpuri vide DD No.15A.

(3.) The police team reached Mangolpuri and recovered the prosecutrix from where she was brought to Police Station Dhaula Kuan. Her statement was recorded in which she stated that at about 1.10 a.m., she and her friend were dropped by office cab near Sharma Automobiles, Moti Bagh. When they started walking towards their residence, one white colour pick up vehicle came there from behind and stopped near them. Three boys were sitting in front and two boys were at the back of the vehicle. Three boys who were sitting on the front came out of their vehicle, one of them showed a pistol and abused them and then they grabbed the prosecutrix. They also tried to grab the friend of the prosecutrix PW2 and they both started screaming, upon which they took the prosecutrix inside the vehicle and took the vehicle towards Dhaula Kuan on Ring Road. Her friend (PW2) ran away from the spot. She further stated that in the vehicle, one of the boys tore off her underwear, removed her jeans and raped her in the moving vehicle. Meanwhile, her mobile phone rang, which was taken by one of the boys and it was switched off. She had two mobiles. On the other one, call came from employer, PW3- Niloy Pramanik. She accepted the call. PW3 could hear and make out what was going on. The accused did not come to know of the other mobile phone. The vehicle was driven very fast and stopped at a lonely place at Mangolpuri. All the three boys sitting in the front portion of the vehicle took the prosecutrix to the rear open portion. There was a mattress on the floor of the rear portion where all the five boys raped her one by one. Thereafter, the proescutrix was dumped near Mangolpuri Industrial Area. The prosecutrix made a call to her superior Niloy Pramanik (PW3) and apprised him about the incident and then called her friend (PW2).