The duty of the court to scrutinize the evidence of a victim of rape carefully and deal with such cases with utmost sensitivity, emphasizing that the absence of corroboration in material particulars does not diminish the weight of the victim's testimony.

S. Muralidhar, J.

1. These two appeals are directed against the judgment dated 11th February 2013 passed by the learned Additional Sessions Judge-II (North-West), Rohini Courts in Sessions Case No.31/2012 arising out of FIR No.23/2012 registered at Police Station (‘PS’) Kanjhawla convicting the Appellants for the offences under Sections 363, 366, 376 (2) (g) and 506 Indian Penal Code (‘IPC’).

2. These appeals are also directed against the order on sentence dated 19th February 2013 whereby both the Appellants were sentenced as under:

(i) For the offence under Section 363 IPC: both Appellants have been sentenced to rigorous imprisonment for 5 years and fine of Rs.5,000/- and in default of payment of fine, to undergo simple imprisonment for 15 days.

(ii) For the offence under Section 366 IPC: both Appellants have been sentenced to rigorous imprisonment for 7 years and fine of Rs.5,000/- and in default of payment fine, to undergo simple imprisonment for 15 days.

(iii) For the offence under Section 376 (2) (g)/506 IPC: Manoj (A-1) has been sentenced to rigorous imprisonment for life and fine of Rs.50,000/- and in default of payment of fine, to undergo simple imprisonment for 3 months; Amit (A-2) has been sentenced to rigorous imprisonment for 10 years and fine of Rs.10,000/- and in default of payment of fine, to undergo simple imprisonment for 1 month.

The case of the prosecution

3. A complaint was lodged at PS Kanjhawla by the prosecutrix (PW-10) wherein she stated that on 6th February 2012 she had gone to fetch milk when A-1, to whom she was known, came in a black coloured car. One other boy, whom she subsequently learned to be A-2, was sitting beside him in the passenger’s seat. A-1 asked PW-10 where her sister (PW-18) was and PW-10 informed A-1 that PW-18 was at home. According to PW-10, A-1 came out of the car and at the same time A-2 opened the rear seat window. A-1 forcibly pushed her into the car and when she raised an alarm, A-1 threatened to kill her. Thereafter, both A-1 and A-2 took her in the car to an isolated place where they raped her one after the other in the rear seat of the car. They then dropped her there itself. She somehow managed to reach home but did not mention anything to her family. The following morning, she disclosed the incident to her mother (PW-19) and her sister (PW-18) who then brought her to the PS.

Investigation

4. On the basis of the above statement, a rukka (Ex.PW-9/A) was prepared on 7th February 2012 at around 3:30 pm and sent for registration of the FIR. Sub-Inspector Rajesh Kumar (PW-22) stated that initially on 6th February 2012 itself, at around 11pm, information was received and noted as DD No.82B at PS Kanjhawla that three boys had lifted the sister of the informer in front of the Shilpa Gas Agency Police Chowki. Upon receiving that information, PW-22 along with Constable Jagdish and Constable Rajbir Singh (PW-1) met the complainant and other family members. They informed PW-22 that PW-10 had left home for purchasing milk at around 7 pm but had not returned. The father of the prosecutrix (PW-20) informed them that his elder daughter, PW-18, had seen three boys talking to PW-10 a few days ago and therefore, they made a call to the PCR regarding the three boys based on this suspicion. He, however, could not provide the details.

5. Since PW-10 had a mobile phone, PW-22 along with the family members of PW-10 tried to contact PW-10 on it. After sometime, PW-22 managed to talk to PW-10 and she informed him that she was returning home. Thereafter, Constable Sudhir along with PW-18 brought PW-10 from Budh Vihar. Initially, the father of PW-10, i.e. PW-20, stated that his daughter was safe and that there was no mishap. Accordingly, PW-22 left PW-10 at home and returned to the PS.

6. The following day, i.e. 7th February 2012, PW-22 was called by the Duty Officer (DO) to his room in the PS where PW-10, her mother (PW-19) and her elder sister (PW-18) were present. The DO told PW-22 that PW-10 and h