BHAGWAN DASS @ MITTU Vs. STATE

JUDGEMENT

(1.) VIDE judgment dated 24th March, 2001 learned Additional Sessions Judge, Delhi, convicted appellants namely Bhagwan Dass @ Mittu and Vinod Kumar @ Bittu along with their co -accused Ghanshyam (since deceased), under Sections 366 and 376(2)(g) of the Indian Penal Code (for short hereinafter referred to as "IPC"); by an order dated 26th March 2001 appellants had been sentenced to face rigorous imprisonment for ten years and to pay fine of Rs. 5,000/ - each and in default of payment of fine to further undergo rigorous imprisonment for the period of two years each for the offence under Section 376(2)(g) IPC; to further undergo rigorous imprisonment for seven years and to pay fine of Rs. 4,000/ - each under Section 366 IPC and in default of payment of fine to further undergo rigorous imprisonment for a period of eighteen months each. Both the sentences were directed to run concurrently.

(2.) AGGRIEVED by their conviction and sentence, appellants have preferred the present appeals. Since both the appeals arise from the same judgment and order on sentence, they are being disposed of together.

(3.) ON the basis of statement of proseuctrix, SI Pishori Lal (hereinafter referred to as I.O.) wrote a rukka and pursuant thereof FIR No. 101/83 was registered at Police Station Rajinder Nagar under Sections 376/506 read with 34 IPC. Prosecutrix was sent to Lok Nayak Jai Prakash Hospital (L.N.J.P.) for medical examination where factum of rape was confirmed. Underwear and salwar of the prosecutrix were also taken in possession and sealed.