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2022 Supreme(P&H) 1781
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Tejinder Singh Dhindsa, Pankaj Jain, JJ.
Karan – Appellant
Versus
State Of Haryana – Respondent
CRA-D-653-Db-2017 (O&M), CRA-D-662-Db-2017 (O&M), CRA-S-2396-SB-2017 (O&M) and CRR-3142-2017 (O&M)
Decided On : 30-09-2022
Mr. A.P.S. Deol, Senior Advocate Assisted By Mr. Vishal Rattan Lamba, Advocate Mr. Abhimanyu Tewari, Advocate, Ms. Sanya Kaushal, Advocate and Mr. Aditya Singla, Advocate, Mr. S.S. Narula, Advocate, Mr. R.S. Cheema, Senior Advocate Assisted By Mr. Arshdeep S. Cheema, Advocate and Mr. Satish Sharma, Advocate, for the Appellant; Mr. Preetinder S. Ahluwalia, Advocate and Mr. Randhir Singh, Addl. Advocate General, Haryana, for the Respondent.
Headnote:(A) Indian Penal Code, 1860 - Sections 376D, 376(2)(n), 376, 292, 120-B, 506 - Information Technology Act, 2000 - Section 67 - Conviction of appellants for gang rape and other offences based on FIR lodged by victim - Conviction of Hardik and Karan upheld, while Vikas acquitted due to lack of corroboration in evidence - The court emphasized that the prosecutrix's testimony was corroborated by WhatsApp chats and other evidence, affirming that the accused were culpable of coercive acts against the victim, who was subjected to threats and manipulation by the appellants. (Paras 3, 35, 39)
| Table of Content |
|---|
| 1. background of the case with victim's allegations (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. arguments against conviction based on alleged discrepancies (Para 7 , 8 , 9 , 10 , 11) |
| 3. court's focus on consent in relation to ipc sections (Para 12 , 13 , 14 , 15) |
JUDGMENT
Pankaj Jain, J. - These three appeals and the revision are directed against the judgment arising out of FIR No. 144 dated 11th April, 2015 registered under Sections 376 D, 376(2)(n), 376, 292, 120-B, 506 of the INDIAN PENAL CODE , 1860 and Section 67 of the I.T. Act, at Police Station Rai Sonepat.
2. Details of conviction and sentence awarded to the appellants are tabulated hereunder :-
| Name of the convict | Offender u/s | Period of sentence (RI) | Fine Imposed | Period of sentence in default of payment of fine (RI) |
| Hardik | 376(D) IPC 376(2)(n) IPC 120-B IPC 292 r/w 34 IPC 506 IPC 67-A of Information Technology Act, 2000 | Twenty years Ten years Seven years Two years Two years Five years | Rs.20,000/- Rs.10,000/- Rs.10,000/- Rs.2,000/- Rs.2,000/- Rs.50,000/- | One year Ten months Ten months Two months Two months Five months |
| Karan | 376(D) IPC 376(2)(n) r/w 120-B 292 r/w 34 IPC 67-A Information Technology Act, 2000 | Twenty years Ten years Two years Five years | Rs.20,000/- Rs.10,000/- Rs.2,000/- Rs.50,000/- | One year Ten months Two months Five months |
| Vikas | 376 IPC r/w 120-B IPC 292 r/w 34 IPC 67-A of Information Technology Act, 2000 | Seven years Two years Five years | Rs.10,000/- Rs.2,000/- Rs.50,000/- | Ten months Two months Five months |
3. Revision is at the hands of the victim 'x' (name withheld) who prays for award of compensation and further submits that the identity of the victim be not disclosed in the records.
4. Victim moved an application before the Police Authorities stating that :-
'I am pursuing my studies of BBA - MBA in Jindal University for the last two years. I had taken admission on 12 August 2013 and I had met with Hardik Sikri on 14 November 2013. We both had remained fast friends for one month and during this he had forced me and he had pressurised me to have sex. Hardik had forcible sex with me. Thereafter, we had broken up ties but he kept on forcing me and he forced me to send my naked photograph which was sent by me on number of Hardik, his number is 09253007007. Through these photographs. Hardik kept me threatening me and black mailed me and threatened me that it I did not have sex with him, he will mail my photographs to his friends and my friends. During this I was compelled to have sex with friends of Hardik namely Vikas and Karan. Karan Chhabra had forcible sex with me two times and Vikas had done forcible sex with me one time. These all works were done in the lawns of University campus after 10 O'clock in the night. All these three boys used to say to me that you keep on have sex with us and if you told to anyone, we will show your pictures in the university. Stern legal action be taken against these three boys. Hardik and Karan had forcible sexual intercourse with me after 10 O'clock in the same night."
5. On her statement, FIR was registered on 11th of April, 2015. On same day, her statement was recorded under Section 164 Cr.P.C. While the matter was under investigation, victim approached Apex Court by way of Writ Petition (Criminal) No.85 of 2015 filed under Article 32 of the Constitution of India wherein she prayed for transferring/handing-over the investigation to CBI. SIT was constituted under the orders of the Supreme Court. After investigation, report under Section 173 Cr.P.C. was filed. Appellant-Hardik was charged for the offences punishable under Sections 376 (D) IPC, 376(2)(n) IPC, 120-B IPC, 292 r/w 34 IPC, 506 IPC and Section 67 -A of Information Technology Act, 2000. Appellant- Karan was charged for the offences punishable under Sections 376 (D) IPC, 376(2)(n) r/w 120
