Decided on May 08,2007

STATE Respondents


- (1.) This appeal has been preferred against the judgment of the Additional Sessions Judge, Karkardooma, Delhi whereby the appellants were convicted under Sections 376/506/342 and 120-B of IPC and against order of sentence whereby the appellants were sentenced to 7 years of R.I. and a fine of Rs.2,000/- each under Section 376 and R.I. for one year each for offence under Section 120-B IPC and R.I. for three years each for offence under Section 506 and R.I. for 6 months each for the offence under Section 342 IPC.
(2.) Both the appellants are real brothers and used to live as tenants in the house of Smt. Santosh Duggal at house no. 26, Shankar Vihar, Delhi. Smt. Santosh Duggal was also an accused in this case. However, she died during trial. Km. Priya Jain, who is prosecutrix used to live in the adjoining house i.e. in house no. 24, Shankar Vihar with her parents. She was a student of 10th standard at Riyan International School at the time of incident. 3. The facts leading to registration of this case against the appellants as narrated by the Trial Court are as under: "Kumari Priya Jain is resident of H.No. 24 Shankar Vihar, Delhi. In the year 1994 she was a student of 10th standard at Riyan International School Karkardooma, Delhi. Smt. Santosh Duggal (now deceased) used to reside at H.No.26, Shankar Vihar, Delhi. Her daughter, namely, Kavita @ Baby was of the same age as that of Priya Jain. Ashish Kumar Pal and Prashant Kumar Pal were tenants of Smt. Santosh Duggal. The prosecutrix made a report to the police on 2.12.1994 alleging therein that about three months ago she was called by Smt. Santosh Duggal at her residence through her daughter Kavita @ Baby. She made her to sit in the room and offered sweets to her with love and affection. After sometime Kavita called their tenants, namely Ashish Pal and Prashant Pal downstairs. They sat with her. At that juncture Smt. Santosh Duggal and her daughter Kavita got up and went outside and bolted the room from outside. She was forcibly raped by Ashish Pal and Prashant Pal, after extending threats to her. First she was raped by Ashish and thereafter by Prashant. They extended threats to her saying that she would not disclose facts to any one. They knocked the door and got it opened from Smt. Duggal. Kavita had also criminally intimidated her of dire consequences in case she would disclose the facts to anyone. She went to her house quietly, since she was over-powered by fear. She had not disclosed the factum of her being raped to any one. In this manner she was called at the house of Santosh Duggal for about 20-25 times. She was constantly raped by Ashish and Prashant Pal. On 29th November, 1994 she informed Santosh Duggal that she had become pregnant. Santosh Duggal called Ashish and Prashant Pal and asked them to get her aborted. On 30th of November, 1994 at 2.30 p.m. when she alighted the school bus near Coffee Home, Prashant and Ashish made her to sit in their Maruti Car No. DAC-4803 and forcibly took her to a Nursing Home. She was taken to Mrs. (Dr.) Oberoi Clinic at Priya Darshini Vihar, Delhi where she was aborted. She was discharged from there at about 7.00 p.m. and was brought by Ashish and Prashant to the same point in front of Coffee Home and made her to alight the car. They again extended threats to her saying that they would put her father and brother to death in case she would disclose the factum of her abortion to any one else. She was also told that they had her blue prints with them and in case she would open her mouth,they would circulate the same in her school and the locality where she is residing. Under that fear she had not disclosed the factum of her being raped and her abortion to any one else even in her house. That day she informed her mother and father about the rape and had approached the police along with them to lodge the report. On her report case FIR No.312 of 94 was registered at P.S. Preet Vihar for the offences punishable under Sections 376,506 and 342 read with Section 120-B of the Penal Code.
(3.) The prosecution examined victim of the offence Km. Priya Jain (PW-1) as the prime witness. The other witnesses are either formal witness or corroborative. PW-1 supported the prosecution case which resulted into conviction of the appellants.;

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