RAI SANDEEP Vs. STATE

JUDGEMENT

(1.) The above titled two appeals are directed against common impugned judgment and order of 19th August 2006, vide which Appellants -Rai Sandeep @ Deepu and Hari Singh have been convicted for the offence of "Gang Rape" by the trial court and they have been sentenced to undergo rigorous imprisonment for ten years each with fine of Rs. 3,000/ - each for the offence under Sec. 376(2)(g) of Indian Penal Code. In default of payment of fine, they have been directed to undergo rigorous imprisonment for one year each. The facts of this case as unfolded by the prosecution are that on 15th August 2001, at night time, i.e., at about 1.30 AM, prosecutrix (PW -4) aged about 34 years, was present at the house of her sister Seema and she had heard the noise of knocking at the door and Nonu, minor daughter of Seema had opened the door and Appellant/accused Deepu alongwith his companion came inside and told the prosecutrix that he wanted to have sexual intercourse with her, but the prosecutrix had refused stating that she was not 'that type' of lady and thereafter, both the Appellants/accused started threatening the prosecutrix and in the meantime Jitender, minor son of Seema also came down and above said two minor children of Seema told the Appellant/accused to go away but they had pushed the aforesaid two minor children of Seema into a room and had bolted the door of that room from outside. Thereafter, Appellant/accused Deepu made the prosecutrix lie down in the verandah itself, outside that room and forcibly had sexual intercourse with her and in the meanwhile, the companion of Appellant/accused Deepu, guarded the main door of the house. After Appellant/accused Deepu had forcible sexual intercourse with the prosecutrix, he guarded and the companion of Appellant/accused Deepu, also had forcible sexual intercourse with her and thereafter, both the Appellant/accused wiped their private parts with a socks of red colour, which was lying in the verandah. Then, both these Appellant/accused left the spot and while doing so, they took away a gold chain and a wrist watch, which was lying near the TV inside the room and while leaving, they had bolted the main door from outside. According to the prosecutrix, due to fear and darkness outside, she did not try to come outside the house and in the morning, prosecutrix told aforesaid Jitender to go from the roof and to open the door of the house from the outside and thereafter, report regarding this incident was made to the police. Investigation commenced. Prosecutrix was got medically examined. Spot proceedings were conducted. Appellant/accused -Rai Sandeep @ Deepu was arrested during the course of investigation of this case and he had got recovered one gold chain and one wrist watch said to be belonging to the complainant/first informant and on his disclosure, co -appellant/accused Hari Singh was also arrested in this case. Both the Appellants/accused were got medically examined. Appellant/accused Hari Singh had refused to participate in the test identification parade. Exhibits of this case were sent for analysis and FSL report was obtained. Upon completion of the investigation, charge sheet was filed against both the Appellants/accused for the offence of gang rape.

(2.) Both the Appellants/accused preferred to face the trial in this case, by pleading not guilty to the charge of gang rape framed against them. Out of the seventeen witnesses, examined at trial, prosecutrix had deposed as PW -4 and Nonu/Noju and Jitender, the two children of Seema, sister of prosecutrix have deposed as PW -10 and PW -11.

(3.) The medical evidence consists of Dr. Manisha (PW -1), Dr. Veena (PW -5) who have deposed regarding the MLC of the prosecutrix. Dr. Manmohan (PW -2), Dr. C.B. Dabas (PW -3), Dr. Seema (PW -13) have deposed about the MLC of both the Appellants/accused. SI Rajiv Shah, (PW -14) is the Investigating Officer of this case. The evidence of remaining witnesses is, more or less, of formal nature.