SALEEM Vs. STATE

JUDGEMENT

(1.) These are two appeals directed against the impugned judgment dated 20th August 2015 passed by the learned Additional Sessions Judge (ASJ)-01, North, Rohini in Sessions Case No.11/2013 arising out of FIR No.163/2012 registered at Police Station ("PS") Shahbad Dairy convicting the Appellants for the offence punishable under Section 376 (2) (g) of the Indian Penal Code (IPC) and the order on sentence dated 25th August 2015 whereby the Appellant Saleem (Accused No.1; A-1) was sentenced to undergo rigorous imprisonment (RI) for life with a fine of Rs. 5,000/-, and in default of payment of fine to undergo simple imprisonment (SI) for one month. Akash (Appellant in Crl.A.1290/2015) (A-2) was sentenced to undergo RI for 12 years with a fine of Rs. 5,000/-, and in default of payment of fine to undergo SI for one month.

(2.) The trial Court also ordered compensation of Rs. 1 lakh to be paid to the victim and gave directions to the Secretary of Delhi State Legal Services Authority, North District for that purpose.

(3.) The charge against both the accused was that on 17th May 2012, between 8 and 9 pm in the open fields near C-Block, Metro Vihar Phase-1, Holambi Kalan, Delhi, both of them committed gang rape on the prosecutrix (PW-1) aged 9 years and further that A-1 was continuously committing rape on PW1 for two months prior to 17th May 2012 at his house.