CRL.A. 251/2020, CRL.A. 399/2020 & CRL.A. 372/2021 Page 1 of 14

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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Reserved on: 2^nd February, 2022

Decided on: 4^th July, 2022

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CRL.A. 251/2020

RAMJAN alias PAGLA

..... Appellant

Represented by:

Ms. Sunita Arora, Advocate.

versus

STATE (GNCT OF DELHI)

..... Respondent

Represented by:

Mr. Amit Gupta, APP for State with

SI Shiv Kumar, PS Jahangirpuri.

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CRL.A. 399/2020 & CRL.M.B. 1612/2021

NASIRUDDIN alias BOBA

..... Appellant

Represented by:

Ms. Mallika Parmar, Adv. DHCLSC.

versus

STATE OF NCT OF DELHI

..... Respondent

Represented by:

Mr. Amit Gupta, APP for State with

SI Shiv Kumar, PS Jahangirpuri.

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CRL.A. 372/2021 & CRL.M.B. 1462/2021

SHEIKH JAHANGIR

..... Appellant

Represented by:

Mr. Prashant Mehta, Adv. with Ms.

Divita Vyas & Mr. Charanpreet

Singh, Advs.

versus

STATE

..... Respondent

Represented by:

Mr. Amit Gupta, APP for State with

SI Shiv Kumar, PS Jahangirpuri.

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/002387

CRL.A. 251/2020, CRL.A. 399/2020 & CRL.A. 372/2021 Page 2 of 14

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

1.

By these three appeals, the three appellants Ramjan @ Pagla,

Nasiruddin @ Boba and Sheikh Jahangir challenge the impugned judgment

dated 10^th December, 2019 convicting them for offences punishable under

Sections 458/34 and 376(2)(g) IPC and appellant Nasiruddin @ Boba and

Sheikh Jahangir having been convicted for offence punishable under Section

395 IPC and appellant Ramjan @ Pagla having been convicted for offence

punishable under Section 397 IPC. Challenge is also laid to the order on

sentence dated 12^th December, 2019 whereby the appellants were directed to

undergo 7 years rigorous imprisonment and a fine of ₹10,000/- each for

offence punishable under Section 458/34 IPC, rigorous imprisonment for a

period of 10 years and a fine of ₹20,000/- each for offence punishable under

Section 376(2)(g) IPC. Nasiruddin @ Boba and Sheikh Jahangir were

directed to undergo rigorous imprisonment for a period of 7 years and to pay

a fine of ₹10,000/- each for offence punishable under Section 395/34 IPC

and appellant Ramjan @ Pagla was directed to undergo rigorous

imprisonment for 10 years and to pay a fine of ₹15,000/- for offence

punishable under Section 397 IPC. Sentences were directed to run

concurrently and benefit of Section 428 was also granted.

2.

Besides the three appellants one Shah Alam was also convicted by the

impugned judgment for offences punishable under Section 458/34 and

376(2)(g) IPC as also offence punishable under Section 395 IPC. Vide the

order dated 9^th July, 2021 in CRL.A. 399/2020 this Court directed the

Registry to trace the appeal filed by Shah Alam. However, it was reported

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/002387

CRL.A. 251/2020, CRL.A. 399/2020 & CRL.A. 372/2021 Page 3 of 14

that no appeal was filed by Shah Alam. Thus, though vide the impugned

judgment of conviction four accused were convicted, however the appeals

have been filed by the three appellants herein.

3.

Briefly case of the prosecution is that on the intervening night of 1^st &

2^nd May, 2010 at about 3.30 AM when the prosecutrix was sleeping in her

house along with her son aged 12 years and daughter aged 10 years, four

boys aged about 20 years entered her bedroom. One of the boys put knife

on her neck while the other boy put knife on the neck of her son and

daughter and thereafter took cash, gold, silver jewellery and other

documents. It is further alleged that three of the boys, who were later

identified were Sheikh Jahangir, Shal Alam and Nasiruddin, took her to

another room and the fourth boy i.e. Ramjan put knife on neck of her son

whereafter three boys committed rape upon her.