Crl.A.269/2007 & Crl.Rev.P.526/2007

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IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of Reserve :10.09.2009.

Date of Decision :23.09.2009.

+

Crl.App.269/2007

1. JATAN SINGH

S/o Ishwari Parsad

2. AVADH NARAIN @ LOTAN

S/o Ram Naresh

3. KANCHAN

S/o Jhuri Ram

4. DHANRI DEVI

W/o Avadh Narain

5. PHOOL KUMARI

W/o Jatan Singh

..... Appellants

Through: Mr. K.N. Balgopal, Sr. Adv.

with Mr. Mohinder Saini, adv.

Versus

STATE OF NCT DELHI

..... Respondent

Through: Mr. Navin Sharma, APP.

WITH

Crl.Rev.P.526/2007

PHOOL KUMARI

..... Petitioner

Through: Mr. K.N. Balgopal, Sr. Adv.

with Mr. Mohinder Saini, adv.

Versus

STATE & ANR.

..... Respondents

Through: Mr. Navin Sharma, APP.

2009:DHC:4023

Crl.A.269/2007 & Crl.Rev.P.526/2007

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CORAM:

HON'BLE MR. JUSTICE MOOL CHAND GARG

1. Whether the Reporters of local papers may be allowed

to see the judgment?

Yes

2.

To be referred to Reporter or not?

Yes

3. Whether the judgment should be reported in the Digest? Yes

:

MOOL CHAND GARG,J

1. This common order shall dispose of the Criminal Appeal No.

269/2007 which has been filed by Jatan Singh and others against the

order passed by the Additional Sessions Judge in Sessions Case

No.105/2006 arising out of FIR No.487/1995 registered at the

instance of Om Prakash, the complainant, alleging emasculation of

his private part (penis) and causing other injuries by the accused

persons/appellants to him which resulted in the conviction of the

appellants for the offences under Sections 342/323/307 read with

Section 34 IPC and passing of the order on sentence directing the

appellants No.1 to 3 and 5 to undergo R.I. for a period of one year for

the offence punishable under Section 323 read with Section 34 IPC

and also to undergo R.I. for one year under Section 342 read with

Section 34 IPC. They were further sentenced to RI for a period of 10

years and were also imposed a fine of Rs.10,000 each for the offences

punishable under Section 307 read with Section 34 IPC. In default of

2009:DHC:4023

Crl.A.269/2007 & Crl.Rev.P.526/2007

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payment of fine they were further sentenced to undergo S.I. for three

months each. Appellant No.4, however, was sentenced to RI for a

period of one year under Section 342 IPC, R.I. for a period of one year

under Section 323 IPC and R.I. for a period of three years under

Section 307 read with Section 34 IPC with a fine of Rs.5000/-. In

default, the said appellant was sentenced to undergo SI for two

months.

2. One of the accused, namely, Usha was a juvenile and she had

been acquitted by Juvenile Court as one of the witnesses did not

appear in that case. One of the appellants, namely, Dhanri Devi, has

been granted bail under the orders of Hon‟ble Supreme Court. All

the appellants have almost undergone R.I. for 2 and a half years

during the course of hearing of this appeal and the trial of the case.

3. The Second case which shall also be disposed of by this order is

the Criminal Revision Petition No.526/2007, filed by Phool Kumari

(One of the appellants in Crl.App.269/2007), the complainant in that

case against order of acquittal passed by the ASJ vide separate

judgment in Sessions Case No.18/2006 which arose out of the

complaint filed by Phool Kumari against Om Prakash registered as

FIR No. 488/1995 under Sections 452/376/511 IPC in which Om

Prakash have been acquitted. According to the complainant, the said

2009:DHC:4023

Crl.A.269/2007 & Crl.Rev.P.526/2007

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order is required to be reversed.

4. Insofar as FIR No.487/1995 is concerned, it was registered by

the Police on the basis of information received by them. The police

reached at the spot and found Om Prakash in an injured unconscious

position, including emasculation of his private part, the police

brought Om Prakash to the hospital. After initial treatmen