NETAI MOHAN AGARWAL S/O PREM CHANDRA AGARWAL; HIMANSHU SAHI S/O GAMBHIR SINGH SAHI; HIMANSHU SAHI S/O GAMBHIR SINGH SAHI AND ORS Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) All these seven appeal are directed against judgment and order dated 19.07.2010, 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 of ten years, and directed to pay fine of Rs. 5000/-, 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 been further convicted under Section 147 of I.P.C., and sentenced to rigorous imprisonment for a period of six months.

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

(3.) Prosecution story in brief is that on 22.01.2009, 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 (PW1) 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.