RAMU Vs. JNANABHARATHI POLICE

JUDGEMENT

(1.) The unsuccessful accused persons, who have gang raped P.W.28 - Kumari Prakruti (not her real name) have filed these appeals (Criminal Appeal No.246/2014 by accused Nos.2, 5 to 8; Criminal Appeal No.690/2020 by accused No.3 and Criminal Appeal No.867/2020 by accused No.4) against the impugned judgments and orders of conviction dated 4th September, 2013 made in S.C.No.487/2013 and 22nd May, 2017 made in S.C. No.29/2014 on the file of the IX and LIV Additional City Civil and Sessions Judge, Bengaluru respectively convicting all accused persons for the offences punishable under Sections 376 (2)(g) r/w Section 149, 323, 324, 366, 427, 506(B), 397 of IPC., and sentencing them to undergo imprisonment for life and to pay a fine of Rs.1,000/- each for the offence punishable under Section 376(2)(g) r/w 149 of IPC; one year for the offence punishable under Section 323 of IPC; three years for the offence punishable under Section 324 of IPC; ten years and fine of Rs.1,000/- each for the offence punishable under Section 366 of IPC; two years for the offence punishable under Section 427 of IPC., Seven years for the offence punishable under Section 506(B) of IPC., and seven years for the offence punishable under Section 397 of IPC., with default sentences and all the sentences to run concurrently.

(2.) It is the case of the prosecution that on 13.10.2012 at about 9.15 p.m. in front of old Valuation Building area situated near a road which is situated between Bangalore University Main Building and National Law School of India University, when the victim girl - P.W.28 -and her friend P.W.1 were talking to each other in a parked car belonging to P.W.1 bearing registration No.KL-02-AH-8100 by the side of the mud road situated close to main road, all of a sudden, all the accused persons surrounded the said car holding deadly weapons like iron rods, see-saws, long knives, draggers and rope in their hands in pursuance of their common object to commit offences and being members of unlawful assembly among whom accused No.1 (who was a minor produced before the learned Juvenile Justice Board, Bangalore) broke front left door and window glasses of the car by iron rod causing loss or damage to the tune of Rs.1,000/- to P.W.1. They forcibly opened the left front door of the car and holding hairs of the victim girl, dragged her outside the car, abducted her with a common object of committing offence to force or seduce illicit intercourse, accused No.6 caused hurt on the right shoulder of P.W.1 by a plastic rope and at the same time, accused No.1 being member of the unlawful assembly holding iron rod in his hand, accused No.4 holding deadly weapons and all others aiding them, gave threat to P.W.1 and victim girl to do away with their lives, robbed their I-pod and mobile phones. They further dragged the victim girl into the forest area forcibly, out of whom accused No.5 committed rape on her and thereafter, dragged her near the compound where the drain water river was flowing close to it. He again committed rape for the second time on her and thereafter, made her to cross compound wall with the assistance of other accused and accused Nos.1 and 3 dragged her holding deadly weapons to create fear of death in her mind, if she resisted and then they committed gang rape one after another thereby committed offences punishable under the provisions of Sections 427, 366, 323. 324. 397, 376(2)(g) r/w 149 of IPC.

(3.) Based on the complaint lodged by the victim girl - P.W.28, the jurisdictional police registered a criminal case against unknown persons for the aforesaid offences and the investigating officer arrested the accused persons after completion of the investigation, filed charge sheet against them.