STATE OF U.P. Vs. SUDHIR GUPTA

JUDGEMENT

(1.) This Government Appeal no. 3516 of 1984 has been filed under Section 377 Cr.P.C. by the State of Uttar Pradesh against the four accused-respondents Sudhir Gupta, Virendra Kumar, Umesh Chandra and Krishna Kant against the judgment and order dated 5.9.1984 passed by the then III Assistant Sessions Judge, Bareilly in S.T. No. 288 of 1982 for enhancement of the sentence awarded to the respondents on the ground that the sentence awarded against them is wholly inadequate in the facts & circumstances of the case; that under the provisions of Section 376 (2) (g) as amended by the Criminal Law Amendment Act, 1983, the sentence in gang rape case like present one shall not be less than 10 years especially when there is no extenuating circumstance for awarding lesser punishment to them. Whereas, criminal appeal no. 2582 of 1984 has been filed under Section 374 Cr.P.C. by the accused-appellants Virendra Kumar, Krishna Kant, Umesh Chandra and Sudhir Gupta challenging the aforesaid judgment and order dated 5.9.1984 whereby learned trial court has convicted all the aforesaid accused-appellants under Section 376 IPC and sentenced appellant Virendra Kumar to undergo rigorous imprisonment for 8 years and appellants Sudhir Gupta, Umesh and Krishna Kant to undergo rigorous imprisonment for 4 years. All the aforesaid accused-appellants have been imposed a fine of Rs.10,000/- each and in default of payment of fine they have to undergo a further sentence of 2 years each. In case of the realization of amount of fine, victim was awarded the compensation of Rs.25,000/-.

(2.) This Government Appeal no. 3516 of 1984 and criminal appeal no. 2582 of 1984 have emerged out of common judgment and order dated 5.9.1984, therefore, both the appeals are being disposed of by this common judgment.

(3.) In brief, the prosecution case is that on 27.2.1981 at about 2:30 p.m., all the aforesaid accused persons committed gang rape upon a minor girl aged about 14 years, hereinafter called the 'prosecutrix' inside the room of accused Virendra Kumar, who dragged her inside his Baithaka, when she was asking for whereabouts of her friend Anju. She raised hue and cry which attracted the people of vicinity including the prosecution witness Afzal Ahmad, P.W. 4. They asked accused to open the door by knocking the same and by informing them that police was to reach there. After committing the gang rape, by opening the next door, all the accused fled away after extending threat to the prosecutrix to kill her father and brother, in case she discloses their names. Thereafter, police reached on the spot and brought the victim to the police outpost, Kuharapir, District Bareilly. On the information given by Amrish, her maternal uncle, Harsh Swarup Sharma, first informant, who is the father of the prosecutrix reached at police outpost, Kuharapir alongwith Amrish where he found the prosecutrix sitting there. He was told that the prosecutrix was brought from the house of Virendra Kumar accused. He asked the prosecutrix as to what happened with her but she was silent and kept mum throughout. He brought her to his house where she used to be silent and distracted apart from being broken, perplexed and frightened. On 4.3.1981 she received burn injuries when she was lighting the stove as per prosecution story. She was admitted in District Hospital for her medical treatment. Her condition was serious and critical. All the four accused alongwith their associates used to go round the hospital and they used to make ironical and satirical remarks against her. The first informant then asked the prosecutrix as to why these accused were showing their impertinence, uncivilized gestures expressing their naughtiness and wicked behaviour. It is at this stage that the prosecutrix started weeping and disclosed to her father in presence of her mother, the aforesaid incident of gang rape committed by all the aforesaid four accused upon her. She disclosed that on 27.2.1981, when she was going to attend her tuition to Mohalla Bhund, accused Virendra Kumar forcibly got her hold off and dragged her inside his house, where rest three accused Sudhir Gupta, Umesh and Krishna Kant were already sitting there and all of them committed gang rape upon her one by one. She cried and raised alarm whereupon neighbouring persons were attracted there. They extended exhortation and someone of them called for police and thereafter, accused after extending threats that if she discloses their names to anyone, they would kill her brother and father, fled away. Police took her to outpost and inquired the matter but keeping in mind her pride and defamation, she did not disclose the incident to police or anyone earlier.