The judgment establishes the application of the concept of common intention and vicarious liability in cases involving multiple accused persons. It also highlights the interpretation and application of relevant sections of the Indian Penal Code in relation to the events described in the case.

V.K. Jain, J. (Oral)

1. The case of the prosecution, as set out in the charge-sheet is as follows :

On 20.02.2008, SI Sahib Singh of Police Station Timar Pur along with Constable Satbir was on patrol when the complainant got down from a bus in injured condition, accompanied by another injured, namely PW5. The statement of the complainant was recorded by the police officer who, inter alia, alleged that in the night intervening 19/20.02.2008, he along with PW5 was sleeping in the bus No. DL 1PA 7801. At about mid night, 2-3 boys entered the bus and insisted on doing unnatural act with him. They had consumed liquor. When he resisted, one of the boys took out a knife and gave a knife blow on his right hand. When his companion PW5 intervened, he was beaten by those boys. Thereafter, they were threatened by them with a knife and were taken towards jungle. He further alleged that the boy who had given the knife blow to him was previously known to him, his name being Deepak. He further alleged that Deepak along with his two companions made him lie down on a bench in the jungle and then all the three sodomized him. Thereafter, both, the complainant as well as PW5 were locked in the bus and threatened to be killed, in case they disclosed the incident to anyone. He also claimed that he could identify the other two boys, who had sodomized him.

2. After completing investigation, three persons, namely Deepak, Sonu and Ramu were prosecuted under Section 365/377/342/506/324/325 and 367 of IPC read with Section 34 thereof and one of them was also charge-sheeted under Section 27 of Arms Act.

3. All the three accused persons were charged under Section 450/34, 324/34, 365/34, 377/34 342/34 and 506/34 to which they pleaded not guilty and claimed trial. As many as 12 witnesses were examined by the prosecution. No witness, however, was examined in defence.

4. The complainant came in the witness box as PW-1 and inter alia stated that when he was sleeping inside bus No DL1PA-7801, parked at Timar Pur in the night intervening 19/20.02.2008, Sonu came in their bus and requested to take rest inside their bus. PW5, however, refused to provide rest to him in the bus. This resulted in altercation between Sonu and PW5. Thereafter, Sonu went away. After about 15 minutes, Sonu, accompanied by 3-4 associates came to the bus, opened the folding gate of the bus with the help of the knife, entered the bus with his associates and caused injury on his arm. The associates of Sonu also caused injuries to him. His friend PW5 was beaten by dandas and lathis. The witness identified Sonu as well as the accused Deepak @ Deepu and Ramu who were present in the Court at that time, though he claimed that Deepak and Ramu were not present along with Sonu on the date of the offence.

The witness further stated that at about 12.30 AM, on 20.02.2008, when he and PW5 were going to lodge a report against Sonu and his associates, on account of their having threatened them, Sonu and his six associates met them on the way and took him and PW5 to jungle, where he was confined near bushes and beaten with lathis, dandas and knife blows were also given to him. He further alleged that PW5 was also beaten with an iron pipe causing fracture on his left arm. He also alleged that Sonu and his associates removed his garments and thereafter took him and PW5 to a nearby park where Sonu performed unnatural act upon him against his wish and consent. Thereafter, his associates also sodomized him one by one against his wish and consent. The witness identified the accused Deepak by pointing his finger at him. He further alleged that Sonu and his associates then took him and PW5 to the bus and confined them there, threatening to kill them in case they lodged a complaint with the police. He also stated that in the morning when he and PW5 came down from the bus and met other helpers and conductor, police was called and his statement was recorded. This witness was cross-examined by the learned Addi