ASHOK KUMAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Both these appeals are against a common judgment and order dated 25/26.09.2013 passed by the 1st Additional Sessions Judge/Special Judge S.C. S.T. Act, Dehradun in Special Sessions Trial No. 38 of 2008 convicting Pramod Gupta and Ashok Kumar and acquitting the third accused Pravin Kumar. The accused Pramod Gupta and Ashok Kumar, who are appellant in Criminal Appeal No. 447 of 2013 and Criminal Appeal No. 427 of 2013, respectively have been convicted and sentenced as under:

(2.) On 19.04.2008, the prosecutrix, who was undergoing her graduation course was taken by the accused Ashok Kumar to a place called "Saharanpur Chowk" in Dehradun and then was asked by Ashok Kumar to accompany the second accused Pramod Gupta, to a hotel. The case of the prosecution is that prosecutrix was enticed by Ashok Kumar, as he assured her that Pramod Gupta (who is the co-accused), would get her a Government job in the Secretariat at Dehradun. She was asked to accompany Pramod Gupta to a hotel, as her job interview was to be conducted there. On this assurance, prosecutrix went with Pramod Gupta to the hotel, where on her request she was given a glass of water, which was allegedly spiked and caused dizziness to the prosecutrix. Pramod Gupta then took her to a room of the hotel, where she was raped by him. Later he took her nude photographs and soon thereafter three more persons arrived in the room of the hotel, who also raped the prosecutrix.

(3.) The prosecutrix was then dropped by Pramod Gupta at "Saharanpur Chowk", where Ashok Kumar was waiting for her in his vehicle. She was then taken to an isolated place by Ashok Kumar, where Ashok Kumar subjected her to unnatural sex by inserting a glass bottle inside her vagina. Here it must be stated that Ashok Kumar is a physically challenged person. He has a locomotor disability of both legs, and the vehicle he drives (of which a reference has come at some places), is also a specially designed vehicle for the disabled.