VICKY ALIAS TEDA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) All these seven appeals are directed against judgment and order dated 19.7.2010, passed by Sessions Judge. Dehradun, in Sessions Trial No. 88 of 2009 and Sessions Trial No. 87 of 2009, whereby said court has convicted the accused/appellants Netai Mohan Agarwal, Deepak Saklani, Himanshu Sahi, Asheesh Sharma and Vicky @ Teda @ Vikas Rawat under Section 376 (2)(g) of Indian Penal Code, 1860, and each one of them has been sentenced to rigorous imprisonment for a period often years, and directed to pay fine of Rs.5,000, in default of payment of fine the defaulter is directed to undergo further three months imprisonment. All the five accused have been further convicted under Section 506 of I.P.C, and sentenced to rigorous imprisonment for a period of one year. They have beer, further convicted under Section 147 of I.P.C, and sentenced to rigorous imprisonment for a period of six months. They have been further convicted under Section 323 read with Section 149 of I.P.C., and sentenced to rigorous imprisonment for a period of three months. Each one of them has been further convicted under Section 342 read with Section 149 of I.P.C. and sentenced to rigorous imprisonment for a period of six months. Lastly, each one of them has been further convicted under Section 504 read with Section 149 of I.P.C, and sentenced to rigorous imprisonment for a period of three months.

(2.) Heard learned counsel for the parties, and perused the lower court record.

(3.) Prosecution story in brief is that on 22.1.2009, at about 5.30 p.m., PW1 Priti Rawat (victim) had gone to village Nalapani, with her friend PW10 Rohit Bhandari. When the two were roaming near Vedic Ashram Mangluwala Jungle, the five accused/appellants namely Netai Mohan Agarwal, Deepak Saklani, Himanshu Sahi, Asheesh Sharma and Vicky @ Teda @ Vikas Rawat came there on two motorcycles bearing Registration No. UA07G-2048 and UA07B-1844. On seeing PW10 Rohit Bhandari at a distance, with the girl the five accused hurling abuses at him asked as to why he alone is enjoying the company of the girl. Thereafter, the accused with the fists and kicks assaulted PW10 Rohit Bhandari and separated him from the girl. Two of the accused stranded PW10 Rohit Bhandari at a distance, and other three accused took the girl (PW 1) to near by bushes and committed rape on her one by one. After the three accused finished the job, two of them went to hold PW10 Rohit Bhandari and sent other two accused to the girl and they too committed rape on her one by one. While committing the rape, the five accused threatened the girl to kill her with knife and stones. The accused were naming each other, as such the victim came to know about the names of the accused/appellants. After committing gang rape the five accused left the victim (PW1 Priti Rawat) and PW10 Rohit Bhandari in the jungle, who came back to the house of the girl where she narrated the horrifying story to her parents. PW2 Subhash Chandra Rawat (father of the girl) wrote First Information Report (Ex. A9) and gave the same at Police Station Raiwala, on the very day (22.1.2009) at about 10.30 p.m. On the basis of said report Crime No. 7 of 2009 was registered against the five accused namely Netai Mohan Agarwal, Deepak Saklani, Himanshu Sahi, Asheesh Sharma and Vicky @ Teda @ Vikas Rawat, relating to offence punishable under Section 376 (2)(g)/506 I.P.C. The investigation was taken up by PW11 Station House Officer, Jawahar Lai, who inspected the spot, interrogated the victim and got her medicaliy examined at Doon Hospital, Dehradun. PW3 Dr. Shalini Dimri medically examined the girl and found two external injuries (contusions) on the back over spine thoracic and lumbar region. She also found two lacerated injuries in external genitalia of the girl. The five accused were arrested by the Investigating Officer and recoveries were made of condoms, one purse of accused Himanshu, sandals of the girl from the spot. On 31.1.2009, PW10 Rohit Bhandari also gave report (Ex. A40) at the Police Station Raipur, in which after narrating the incident on 22.1.2009, he complained that he was continuously receiving threats from the side of the accused. On the basis of said report Crime No. 10 of 2009, was registered in respect of offences punishable under Sections 147, 323, 342, 504 and 506 of I.P.C., against all the five accused Netai Mohan Agarwal, Deepak Saklani, Himanshu Sahi, Asheesh Sharma and Vicky @ Teda @ Vikas Rawat. PW11 Station House Officer Jawahar Lai completed investigation and submitted charge sheet against all the five accused for their trial in respect of offences punishable under Sections 147, 323, 342, 504 and 506 of I.P.C. However, regarding gang rape, further investigation was entrusted to PW16 Sub-Inspector Neelam Rawat, who submitted charge-sheet against all the five accused namely Netai Mohan Agarwal, Deepak Saklani, Himanshu Sahi, Asheesh Sharma and Vicky @ Teda @ Vikas Rawat for their trial in respect of offences punishable under Section 372(2)(g) and 506 of I.P.C.