* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on: 16.01.2026 Judgment pronounced on: 21.01.2026 + CRL.A. 113/2018 SHAKEEL & ORS .....Appellants Through: Ms. Manika Tripathi, Advocate (DHCLSC) with Mr. Gautam Yadav and Mr. Akash Mohar, Advocates.

All appellants in person except Neeraj. versus STATE NCT OF DELHI .....Respondent Through: Mr Pradeep Gahalot, APP for State with W/SI Pinki, PS Sultanpuri, Delhi Mr. Harsh Prabhakar, Advocate (DHCLSC) with Mr. Dhruv Chaudhry, Mr. Shubham Sourav and Mr. Vijit Singh, Advocates for victim. Mr. Himanshu Anand Gupta, Adv (DSLSA) with Ms. Mansi Yadav, Mr. Sidharth Barua, Mr. Shekhar A. Gupta, Ms. Navneet Kaur and Ms.

Shivani Rampal, Advocates.

+ CRL.A. 135/2018 RAHMAN .....Appellant Through: Ms. Manika Tripathi, Advocate (DHCLSC) with Mr. Gautam Yadav and Mr. Akash Mohar, Advocates.

All appellants in person except Neeraj.

versus THE STATE GOVT OF NCT OF DELHI .....Respondent Through: Mr Pradeep Gahalot, APP for State with W/SI Pinki, PS Sultanpuri, Delhi Mr. Harsh Prabhakar, Advocate (DHCLSC) with Mr. Dhruv Chaudhry, Mr. Shubham Sourav and Mr. Vijit Singh, Advocates for victim.

+ CRL.A. 406/2018 NEERAJ @ NEMRAJ .....Appellant Through: Mr. Abhyankar Panth, Advocate.

versus STATE .....Respondent Through: Mr Pradeep Gahalot, APP for State with W/SI Pinki, PS Sultanpuri, Delhi Mr. Harsh Prabhakar, Advocate (DHCLSC) with Mr. Dhruv Chaudhry, Mr. Shubham Sourav and Mr. Vijit Singh, Advocates for victim. Mr. Himanshu Anand Gupta, Adv (DSLSA) with Ms. Mansi Yadav, Mr. Sidharth Barua, Mr. Shekhar A. Gupta, Ms. Navneet Kaur and Ms.

Shivani Rampal, Advocates.

CORAM:

HON'BLE MS. JUSTICE CHANDRASEKHARAN SUDHA

JUDGMENT

CHANDRASEKHARAN SUDHA, J.

1. This appeal under Section 374 read with Section 482 of the Code of Criminal Procedure, 1908 (the Cr.PC), has been filed by the five accused persons in SC No. 114/2015 on the file of the Sessions Court, North-West, Rohini Courts, Delhi, assailing the judgment dated 11.12.2017 as per which they have been convicted and sentenced for the offences punishable under Sections 342, 365, 376 (f) & (g) and 506 (ii) of the Indian Penal Code, 1860 (the IPC).

2. The prosecution case is that all the accused persons, five in number entered into a criminal conspiracy to kidnap PW3 for ransom and in furtherance of the said conspiracy, on 14.12.2010 forcibly took her away and wrongfully confined her in the house of the 5th accused (A5). An amount of ₹ 10,000/-, and jewellery was demanded and if the demand was not met, PW3 was threatened that her only brother would be killed. All the accused persons also raped PW3 during the period of confinement. Hence, as per the chargesheet/ final report A1 to A5 are alleged to have committed the offences punishable under Sections 342, 364A, 376 (f) & (g), 506 and 120B IPC.

3. On the basis of Ext. PW16/A FIS of PW16, the father of PW3, the victim, given on 16.12.2010, Crime no. 436/2010, Sultanpuri Police Station, that is, Ext. PW2/A FIR, was registered by PW2, Head Constable (HC). PW28, the Woman Sub-Inspector (WSI) conducted the investigation into the crime and on completion of the same filed the charge-sheet/final report against A1 to A4 alleging the commission of the offences punishable under the abovementioned sections. Subsequently, a supplementary charge-sheet against A5 alleging the commission of the very same offences was submitted.

4. When the accused persons were produced before the trial court, all the copies of the prosecution records were furnished to them as contemplated under 207 Cr.PC. After hearing both sides, the trial court as per order dated 24.03.2011 framed a charge under Sections 364A, 342, 376 (g), (f), Part II of 506 and 120B IPC, which was read over and explained to A1 to A4, to which they pleaded not guilty. Thereafter, when A5 was produced before the trial court, after compliance of S. 207 the Cr.PC, on 25.07.2011, the trial court framed a charge under Sections 364A, 342, 376 (g) & (f), 506 (ii) and 120B IPC, whi