BHAGWAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Ravindra Kumar @ Ravi, Lakhan Saini and Bhagwan Singh were tried by the Court of Special Judge, Woman Atrocities and Dowry Cases, Jaipur, for the offence of gang rape falling within the ambit of Sec. 376(2)(g) IPC. The trial court vide impugned judgment dtd. 18/10/2013 held all the above three accused guilty of offence under Sec. 376(2)(g) IPC. Having convicted the appellants of above said offence, the trial Judge vide a separate order dtd. 19/10/2013 sentenced each of the appellants to undergo life imprisonment and to pay a fine of Rs.25,000.00 each, in default thereof to further undergo six months simple imprisonment.

(2.) Aggrieved against conviction and sentence, Ravindra Kumar @ Ravi has filed D.B. Criminal Appeal No.835/2013, Lakhan Saini has instituted D.B. Criminal Appeal No.134/2014, whereas Bhagwan Singh has preferred D.B. Criminal Appeal No.44/2014. All the three appeals have been directed against the common judgment of conviction and order of sentence, hence, we shall decide all the appeals together.

(3.) Prosecution case in the present case has been aptly summed up in the charge formulated against the accused-appellants. The charge stated that on 23/12/2011 between 3.30 to 4.20 PM in a house situated at Sector-5, Sanganer, accused performed forcible sexual intercourse with the prosecutrix (name withheld to protect her identity) and thus, committed the offence punishable under Sec. 376(2)(g) IPC.