R. Banumathi, J. - (1.) These appeals arise out of the judgment dated 05.05.2009 passed by the High Court of Delhi in Criminal Appeal No.384 of 2000 in and by which the High Court allowed the appeal filed by the respondents/accused thereby setting aside their conviction under Section 376(2)(g) IPC passed by the trial court and the sentence of imprisonment imposed upon them. By the impugned judgment, the High Court also issued direction to lodge a complaint against the appellants-police officials (CA No.2298/2009) for prosecuting them under Sections 193 and 195 IPC.
(2.) Case of prosecution is that the accused/respondents who were living in the neighbourhood of the prosecutrix (PW-1) at Shaheed Bhagat Singh Jhuggi Camp, Katwaria Sarai, entered her jhuggi at about 09.00 PM on 28.07.1997 and demanded a bidi from her. She refused to give them any bidi. Thereafter, they demanded water which she again refused. The prosecutrix has alleged that thereafter respondents/accused switched off the electricity and accused/respondent No.2 Gunjesh Chaudhary caught hold of her hands and the other three accused had torn her clothes and committed rape on her in turn. The prosecutrix has alleged that she raised an alarm and fell unconscious thereafter. On hearing the alarm, Bashira Khatoon, mother of the prosecutrix (PW-3) came there and saw the four accused/respondents coming out of the jhuggi. Bashira Khatoon (PW-3) found the prosecutrix lying unconscious inside the jhuggi. Police Control Room (PCR) van took the prosecutrix to All India Institute of Medical Sciences (AIIMS) hospital. At about 11.45 PM, the prosecutrix was medically examined by Dr. Monika and it was noted in MLC (Ex.-PW6/A) that there were "bruises of 4 x 4 cm on medial aspects of both thighs of the prosecutrix". The blouse of the prosecutrix was found torn in the back side along the left sleeve.
(3.) At about 09.30 PM, information was received in the Police Station, Hauz Khaz PCR/South District regarding some quarrel at Shaheed Bhagat Singh Jhuggi. SI Jai Bhagwan (PW-7) along with Constable Khushi Ram (PW-4) reached the spot and learnt that the prosecutrix was taken to the hospital by a PCR Van. SI Jai Bhagawan (PW-7) along with the constable went to the AIIMS and found PW-1 Phoola (Prosecutrix) there. Doctor declared PW-1 fit to make statement and SI Jai Bhagwan recorded her statement concerning allegations of rape by the accused/respondents. The statement of the prosecutrix was recorded at 02.30 AM on 29.07.1997 and ruqqa for registration of the case under Section 376 IPC was sent at 02.50 AM. A case under FIR No.559/97 under Section 376 IPC read with Section 34 IPC was registered at 03.15 AM on 29.07.1997.;