MANOJ Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) These two appeals are directed against the judgment dated 11th February 2013 passed by the learned Additional Sessions Judge-II (North-West), Rohini Courts in Sessions Case No.31/2012 arising out of FIR No.23/2012 registered at Police Station (PS) Kanjhawla convicting the Appellants for the offences under Sections 363 , 366 , 376 (2) (g) and 506 Indian Penal Code ( IPC ).

(2.) These appeals are also directed against the order on sentence dated 19th February 2013 whereby both the Appellants were sentenced as under:

(3.) The case of the prosecution A complaint was lodged at PS Kanjhawla by the prosecutrix (PW-10) wherein she stated that on 6th February 2012 she had gone to fetch milk when A-1, to whom she was known, came in a black coloured car. One other boy, whom she subsequently learned to be A-2, was sitting beside him in the passengers seat. A-1 asked PW-10 where her sister (PW-18) was and PW- 10 informed A-1 that PW-18 was at home. According to PW-10, A-1 came out of the car and at the same time A-2 opened the rear seat window. A-1 forcibly pushed her into the car and when she raised an alarm, A-1 threatened to kill her. Thereafter, both A-1 and A-2 took her in the car to an isolated place where they raped her one after the other in the rear seat of the car. They then dropped her there itself. She somehow managed to reach home but did not mention anything to her family. The following morning, she disclosed the incident to her mother (PW-19) and her sister (PW-18) who then brought her to the PS.