The judgment establishes that a woman cannot be held guilty of committing rape or gang rape under Section 376 (2) (g) IPC, and emphasizes the need for sensitivity and careful evaluation of the evidence in cases involving sexual assault.

S. Muralidhar, J.

Introduction

1. Crl. A.586/2006 by Appellant Saroj is directed against the judgment dated 17th February, 2006 passed by the learned Additional Sessions Judge (ASJ), New Delhi in Sessions Case No. 163/2004 arising out of FIR No. 11/2003 registered at Police Station (PS) Delhi Cantonment, convicting her for the offence under Section 109 IPC read with 376 (2) (g) IPC and Section 5 (1) (c) of the Immoral Traffic Prevention Act, 1956 (ITPA) as well as the order on sentence dated 22nd February, 2006 whereby for the offence under Section 109 read with Section 376 (2) (g) IPC she was sentenced to rigorous imprisonment (RI) for life with a fine of Rs.1,000/- and in default of payment, to undergo RI for two months and for the offence under Section 5 (1) (c) of the ITPA she was sentenced to RI for seven years with a fine of Rs.500/- and in default to undergo RI for one month.

2. The companion appeal i.e. Crl.A. 1429/2013 is by Punnu, the husband of Saroj and is directed against judgment dated 10th September, 2013 passed by the learned ASJ, Dwarka Courts in Sessions Case No. 77/2013 arising out of the same FIR No. 11/2003 registered at PS, Delhi Cantonment, convicting him for the offences under Sections 120 B IPC, Section 344 IPC, Section 376 IPC, Section 376 (2) (g) IPC, Section 506 IPC and Section 5(1) (c) of ITPA. It is also directed against the order on sentence dated 17th September, 2013 whereby for the offences mentioned above, he was sentenced as under:

“(1) To rigorous imprisonment for a period of 10 years along with fine of Rs.10,000/- for the offence punishable u/s. 120 IPC. He shall suffer further imprisonment for a period of 6 months in case of default of payment of fine.

(2) To rigorous imprisonment for a period of 3 years along with fine of Rs.10,000/- for the offence punishable u/s.344 IPC. He shall suffer further imprisonment for a period of 6 months in case of default of payment of fine.

(3) To rigorous imprisonment for a period of 10 years along with fine of Rs.10,000/- for the offence punishable u/s. 376 IPC. He shall suffer further imprisonment for a period of 6 months in case of default in payment of fine.

(4) To life imprisonment along with fine of Rs.10,000/- for the offence punishable u/s.376(2)(g) IPC. He shall suffer further imprisonment for a period of 6 months in case of default in payment of fine.

(5) To rigorous imprisonment for a period of 2 years along with fine of Rs.10,000/- for the offence punishable u/s. 506 IPC.

(6) To rigorous imprisonment for a period of 14 years along with fine of Rs.25,000/- for the offence punishable u/s. 5(1)(c) of Immoral Traffic (Prevention) Act, 1956.”

3. While in the case of Saroj the sentences were directed to run concurrently, in the case of Punnu the sentence as in (1) above was directed to run first and after its completion sentences at (2), (3) and (5) were directed to run concurrently. After the completion of those three sentences, sentences at (4) and (6) were directed to run consecutively.

4. At the outset it requires to be mentioned that although charges were initially framed against both the Appellants by the order dated 19th January, 2004 of the learned ASJ, at that stage only Saroj (Accused No.1:A-1) was available and Punnu (A-2) was declared a Proclaimed Offender (PO). Therefore, A-1 alone faced trial which ended in her conviction by the impugned judgment dated 17th February, 2006 of the trial Court followed by the order on sentence dated 22nd February, 2006.

5. As it transpired, A-2 surfaced many years later and was arrested on 29th April, 2010. A supplementary charge sheet was filed against him on 5th May, 2010 and the case was committed to the Sessions Court for trial under Sections 376, 506, 342, 120 B IPC and Section 5(1) (b), (c) of the ITPA by an order dated 7th October, 2010. By an order dated 3rd February, 2011 of the learned ASJ, Punnu was charged with the offences under Sections 120 B IPC, 376 (2) (g) IPC, 344 IPC, 506 IPC and 5 (1) (c) IP