The main legal point established in the judgment is the reliance on the victim's testimony, medical and forensic evidence, and the application of established legal principles in sexual assault cases to establish guilt beyond reasonable doubt.

S. MURALIDHAR, J.

1. This appeal is directed against the judgment dated 30th April 2002 passed by the learned Additional Sessions Judge (“ASJ”), Karkardooma Courts, Delhi in Sessions Case No.82/2001 arising out of FIR No.122/1996 registered at Police Station (“PS”) Kalyanpuri convicting the Appellants, Jasbir Singh (Appellant/Accused No.1: A-1), Manjeet Singh (Appellant/Accused No.2: A-2) and Chander Kiran (Appellant/Accused No.3: A-3) (since deceased) for the offences under Sections 342/365/366/376(2)(g)/506(ii) read with Section 34 of the Indian Penal Code (“IPC”). A-3 was additionally convicted for the offence under Section 25/54/59 of the Arms Act.

2. The appeal is also directed against the order on sentence dated 1st May 2002 whereby each of the Appellants was sentenced:

(i) to life imprisonment with a fine of Rs.10,000/-, and in default of payment to undergo simple imprisonment (“SI”) for one year for the offence punishable under Section 376(2)(g) read with Section 34 IPC;

(ii) to rigorous imprisonment (RI) for one year with a fine of Rs.1,000/-, and in default of payment to undergo SI for three months for the offence under Section 342 read with Section 34 IPC;

(iii) RI for seven years with a fine of Rs.2,000/- and in default of payment to undergo SI for six months with an identical sentence for the offence under Section 366 read with Section 34 IPC; SI for six months with a fine of Rs.1,000/-, and in default to undergo SI for three months for the offence under Section 506(ii) read with Section 34 IPC.

3. For the offence under Section 25/54/59 of the Arms Act, A-3 was sentenced to RI for one year with a fine of Rs.1,000/-, and in default of payment of fine to undergo SI for three months. The sentences were directed to run concurrently.

4. During the pendency of the present appeal, A-3 expired and, therefore, the appeal, as far as A-3 is concerned, stands abated.

Charge

5. The charge against the Appellants was that in furtherance of their common intention, they wrongfully confined the prosecutrix (PW-5) at the urinal and at the wall of Block No.15 Park, Kalyanpuri on 24th March 1996 at around 1 am, abducted her with the intent to commit illicit intercourse and in furtherance committed gang rape. They were also charged with having criminally intimidated PW-5 and her husband Ashok Kumar (PW-6) with death or grievous hurt thereby committing offence under Section 506(ii) read with Section 34 IPC.

Version of the victim

6. The case of the prosecution was based on the statement first made by PW-5 to the police. Her husband used to ply a three wheeler scooter rickshaw (TSR) and on 24th March 1996 at around 10.30 pm, he returned home and informed PW-5 that the petrol of his TSR had got run out. He had parked the TSR at Kalyanpuri Bus Stand. He had returned home to take some petrol and bring back the TSR after restarting it. PW-6 used to store petrol at his house for exigencies.

7. PW-5 and PW-6 then took the petrol and headed for the Kalyanpuri Bus Stop. At around 11 pm, as they reached near School No.1 of the Kalyanpuri Main Market before Jalebi Chowk in between Blocks No.11 and 12, three persons surrounded them. Two of them pointed a knife at her whilst the third dragged her to the backside of the market into the park where there was a urinal. One of them committed forcible intercourse with her and thereafter the two others also did so in turns. She stated that the three accused were calling each other by their respective names and that is how she knew that A-2 raped her first and then A-1 removed her clothes while A-3 raped her. After that she was almost unconscious. The fourth accused, Anil had taken away her husband, PW-6, to one side by pointing a knife on him. According to her, the accused kept him accosted turn by turn while subjecting her to rape. While two accused would hold her, the third would commit the act and the fourth would hold the knife to her husband. First, it was committed by pushing her against the wall and th