DEEPAK KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE present appeal has been directed against the judgment of conviction and order of sentence dated 23.12.2002 whereby the appellant has been convicted and sentenced for commission of offence punishable under Sections 376, 342 of the Indian Penal Code (in short "IPC") in respect of Sessions case No. 103 of 2002 pertaining to F.I.R. No. 104/2000 registered at Police Station, Sadar Amritsar, extracted here in below: -

(2.) THE facts noticed from the judgment of the trial court are that on 18.4.2000 at about 1 -00 p.m., the prosecutrix (name kept secret) alongwith her sister was present in her house and her parents were away. Deepak Kumar accused residing nearby her house came and told her that she is being called by his mother. She went to his house along with him where his mother was not present. Three other boys namely Rajiv Kumar @ Sonu, Rakesh Kumar son of Balwinder Singh and Harinder Singh @ Banti were present there. On asking by the prosecutrix, Deepak Kumar told that his mother was in the back room. The prosecutrix did not find mother of Deepak Kumar there. However, a double bed was lying in the room. Deepak Kumar pushed and threw her on the bed. Harinder Singh @ Banti caught her from her arms and Rajive Kumar @ Sonu bolted the door from inside. Deepak Kumar asked Rakesh Kumar to stand guard on the gate of the house so that no one could came in. Deepak Kumar forcibly opened string of her salwar, removed his pajama and thereafter committed rape upon her against her wishes. She raised noise but nobody heard her rescue calls. Sonu went away after opening the door saying that his mother was calling him. In the meanwhile, Seema her sister arrived there and at that time, she was weeping. All the accused committed rape upon her forcibly against her wishes. She went alongwith her sister to her house. She narrated the story to her mother in presence of Seema. They did not approach anyone due to fear as the accused were giving threats.

(3.) THE accused were charged for committing offence punishable under Sections 376(g), 342 IPC to which they pleaded not guilty and claimed trial.