TEJINDER SINGH @ LUCKY SINGH Vs. STATE OF DELHI

JUDGEMENT

(1.) Aggrieved by a judgment dated 04.01.2013 of learned Addl. Sessions Judge in Sessions Case No.34/2012 arising out of FIR No.32/2012 Police Station Shahbad Dairy by which the appellants - Tejinder Singh @ Lucky Singh (A-1) and Vikram Singh @ Vicky Singh (A-2) were convicted for committing offences punishable under Sections 376(2)(g) / 506 IPC, they have preferred the aforesaid appeals. By an order dated 05.01.2013, A-1 was sentenced to undergo RI for ten years with fine Rs.1 lac under Section 376(2)(g) IPC; RI for two years under Section 506 IPC; A-2 was sentenced to undergo Rigorous Imprisonment for life with fine Rs.1 lac under Section 376(2)(g) IPC; RI for two years under Section 506 IPC. Both the sentences were to operate concurrently.

(2.) Briefly stated, the prosecution case as projected in the charge-sheet was that about 4 or 5 months before 28.01.2012 and on several other occasions at C-105/106, Sector-5, Bawana Industrial Area, Delhi, the appellants committed gang-rape upon the prosecutrix 'X' (assumed name) aged around 13 years and criminally intimidated her. On 28.01.2012, FIR was lodged at Police Station Shahbad Dairy on the statement (Ex.PW-10/A) of the prosecutrix. She informed the police that her father used to run a tea stall in front of C-105; she used to sit on the said shop after return from school in the absence of her father when he used to take her mother to the hospital for medical treatment. She further informed that both the appellants were owners of C-106 and she used to visit them to serve tea in the office as and when called. She further disclosed that about 4 to 5 months back, when she had gone to their office, the appellants caught hold of her; removed her clothes and committed rape upon her one by one. She was criminally intimidated and threatened not to disclose the incident to anybody or else she would face dire consequences. Whenever her father was away to the hospital, the appellants used to commit rape upon her.

(3.) The prosecutrix named Deepak Kumar Shah (facing trial before Juvenile Justice Board) a foreman at C-104 who also committed rape upon her when she had gone to the roof of her house to dry clothes. She claimed that the appellants and Deepak Kumar Shah regularly sexually assaulted her for 4 - 5 months putting her in fear. About 10 to 12 days prior to the lodging of the complaint, she became ill and her father took her to a doctor who noticed that she was pregnant. When her father insisted to disclose the names of the perpetrators of the crime, she divulged all the facts to him in detail. She was thereafter taken to the Police Station to record her statement.