JUDGMENT

Poonam A. Bamba,J.

1.0 Vide these appeals, the appellants, namely, Aman @ Sonu, Rahul @ Raghu, Mohd. Wasim @ Sahil, Sunny and Bal Kishan @ Karvaya have challenged the judgment dated 21.09.2017 passed by Ld. Addl. Sessions Judge-Special FTC-02 (Central), Tis Hazari Courts, Delhi, ("impugned judgment" in short), whereby:

(i) the appellants Bal Kishan @ Karvaya, Sunny, Rahul @ Raghu and Aman @ Sonu were convicted for the offence under Sections 366/34 IPC and 376-D IPC;

(ii) the appellants Bal Kishan @ Karvaya and Rahul @ Raghu were convicted for the offence under Sections 376 (2) (n) IPC;

(iii) the appellant Mohd. Wasim @ Sahil was convicted for the offence under Section 376-D IPC.

1.1. The appellants have also challenged the order on sentence dated 10.10.2017, whereby all the appellants were sentenced as under:

(i) all the appellants namely Bal Kishan @ Karvaya, Sunny, Rahul @ Raghu, Aman @ Sonu and Mohd. Wasim @ Sahil were sentenced to undergo rigorous imprisonment for life (which shall mean imprisonment for the remainder of convicts' natural life) each for the offence punishable under Section 376-D IPC with fine of Rs. 5,000/- each, in default of payment of fine, to further undergo SI for one year;

(ii) The appellants namely Bal Kishan @ Karvaya, Sunny, Rahul @ Raghu and Aman @ Sonu are also sentenced to undergo an imprisonment for 10 years for the offence punishable under Section 366/34 IPC with fine of Rs. 2,000/- each, in default of payment of fine, to further undergo SI for one year.

(iii) The appellants namely Bal Kishan @ Karvaya and Rahul @ Raghu are also sentenced to undergo an imprisonment for life for the offence punishable under Section 376 (2) (n) IPC with fine of Rs. 2,000/- each, in default of payment of fine, to further undergo SI for one year.

All the aforesaid sentences of the appellants were ordered to run concurrently.

2.0 Briefly stating, the prosecution case is that, on 25.04.2014, at about 2.05 am, an information was received at PP Tis Hazari, PS Subzi Mandi through wireless that `Mori Gate Petrol Pump near Pul Mithai, Phool Mandi, Koocha Mahotwar Khan, Rain Basera, ek ladki 15-16 saal ki, jise koi saath laya tha aur uske saath galat kaam hua hai' which was recorded vide DD no. 5 (Ex. PW-39/A); said DD was marked to SI Pradeep Rai, who along with Ct. Dharmender and Ct. Amit (PW-25) reached at the informed place i.e. Phool Mandi, Rain Basera near Kucha Mohtar Khan, Mori Gate, Delhi. On reaching there, they met PW-4 Khushi Ram, who had made a call at 100 number from his mobile phone no. 9911247049); he produced Prosecutrix M (PW-1) informing that she has been raped. In the meanwhile, SI Meena Yadav (PW-32), W/Ct. Shipra and senior officers also reached there. Police took the prosecutrix to Aruna Asaf Ali Hospital, Delhi, where she was medically examined initially by Dr. Solomi (PW-23) vide MLC Ex. PW-23/A and then by Dr. Kiran, SR (Obs & Gynae) (PW-11) vide MLC Ex. PW-11/A. After getting the prosecutrix medically examined, PW-32 SI Meena Yadav recorded the statement of the prosecutrix M (Ex. PW-1/A), wherein she stated that as she wanted to meet her sister S (who used to live in Jalandhar, Punjab) she reached at Saloni (Saunoli) border on 23.04.2014 by bus from her village situated in Nepal and then to Basti Station by bus and then she boarded a train for Delhi. In the train, she met one boy who told her that he resided in Delhi and assured to help her and also provided his mobile number 8586880171, which she noted in her diary, (Ex. PW1/E) which was seized vide seizure memo (Ex. PW1/D). She further stated that after reaching Delhi on 24.04.2014 at around 12.00/12.30 noon, she took a ticket of general compartment for Jalandhar. While she was waiting for the train, she met another boy, who gave his mobile no. 9871193884, which also she noted in her dairy. Said boy took her for breakfast/food and as there was still some time for the train to arrive; she reached at platforms no. 15 and 16 from platforms no. 1