LAWS(DLH)-2008-5-3

RAI SANDEEP ALIAS DEEPU Vs. STATE

Decided On May 13, 2008
HARI SINGH Appellant
V/S
STATE (NATIONAL CAPITAL TERRITORY OF DELHI) Respondents

JUDGEMENT

(1.) THIS order shall deal with two applications for suspension of sentence of imprisonment of the appellants, namely, Rai Sandeep @ Deepu and hari Singh, during the pendency of the appeal.

(2.) THE appellants were convicted for commission of offence punishable under Section 376 (2) (g) IPC and were sentenced to undergo rigorous imprisonment for ten years each with a fine of Rs. 3,000/- each besides default clause.

(3.) THE prosecutrix, Smt. Dulari, aged about 35 years was subjected to gang rape by these two appellants. Learned counsel appearing for both the appellants urged that PW-10, Noju and PW-11, Jitender, the material witnesses of the Prosecution did not support the Prosecution case nor the prosecutrix, examined as PW-4, supported the Prosecution case in entirety.