CRL.A. 692/2016 & Connected Appeals

Page 1 of 57

*

IN THE HIGH COURT OF DELHI AT NEW DELHI

%

Reserved on: 22^nd December 2021

Pronounced on: 14^th February 2022

+

CRL.A. 692/2016

AMIT @ SONU JAAT

..... Appellant

Through:

Mr. Sumeet Verma (DHCLSC)

with Mr. Mahinder Pratap Singh,

Advocate

versus

STATE

..... Respondent

Through:

Ms. Kusum Dhalla, APP for State

along with W/SI Madhu, P.S.

Jaitpur

+

CRL.A. 815/2016

YASEEN KHAN @ TEHANA

..... Appellant

Through:

Mr. Sumeet Verma (DHCLSC)

with Mr. Mahinder Pratap Singh,

Advocate

versus

STATE OF NCT OF DELHI

..... Respondent

Through:

Ms. Kusum Dhalla, APP for State

along with W/SI Madhu, P.S.

Jaitpur

+

CRL.A. 892/2016

VICKY @ VIJAY

..... Appellant

Through:

Mr. Sumeet Verma (DHCLSC)

with Mr. Mahinder Pratap Singh,

Advocate

versus

STATE

..... Respondent

Through:

Ms. Kusum Dhalla, APP for State

along with W/SI Madhu, P.S.

Jaitpur

+

CRL.A. 894/2016

LUCKY

..... Appellant

2022:DHC:557

CRL.A. 692/2016 & Connected Appeals

Page 2 of 57

Through:

Mr. Sumeet Verma (DHCLSC)

with Mr. Mahinder Pratap Singh,

Advocates

versus

STATE

..... Respondent

Through:

Ms. Kusum Dhalla, APP for State

along with W/SI Madhu, P.S.

Jaitpur

+

CRL.A. 897/2016

SATYAJIT BISWAS @ SATTE

..... Appellant

Through:

Mr. S.B. Dandapani, DHCLSC

(through VC)

versus

STATE

..... Respondent

Through:

Ms. Kusum Dhalla, APP for State

along with W/SI Madhu, P.S.

Jaitpur

+

CRL.A. 1053/2016

UMASHANKAR

..... Appellant

Through:

Mr. Karan Prakash, DHCLSC

versus

STATE NCT OF DELHI

..... Respondent

Through:

Ms. Kusum Dhalla, APP for State

along with W/SI Madhu, P.S.

Jaitpur

CORAM:

HON’BLE MR. JUSTICE CHANDRA DHARI SINGH

J U D G M E N T

[VIA VIDEO CONFERENCING]

CHANDRA DHARI SINGH, J.

1.

The instant criminal appeals under Section 374(2) of the Code of

Criminal Procedure, 1973, (hereinafter “Cr.P.C.”) have been filed against

the impugned judgment dated 16^th March 2016 and order on sentence

2022:DHC:557

CRL.A. 692/2016 & Connected Appeals

Page 3 of 57

dated 11^th April 2016 passed by learned Additional Sessions Judge,

Special Fast Track Court, Southeast District, Saket Court, New Delhi

wherein the Appellants/Accused persons were convicted and sentenced.

2.

Since the criminal appeals bearing number CRL.A.-692/16,

CRL.A.-815/16, CRL.A.-892/16, CRL.A.-894/16, CRL.A.-897/16, and

CRL.A.-1053/16 have arisen out of the same FIR, pertain to the same set

of facts, and have been heard together, therefore the same are being

decided by way of this common judgment.

FACTUAL MATRIX

3.

The brief facts and circumstances that have led to the instant case

are as under:

(i)On 19^th May 2012 at about 4:45 P.M., information was received at

Police Control Room that a lady had been raped by many persons

in a truck near Gas Plant, Kalindi Kunj. On receiving the said

information, police team reached on the spot at Agra Canal Road

near Indane Gas Plant. The enquiry was made from the

Prosecutrix/Complainant and her statement was recorded. In her

statement, the Prosecutrix/Complainant stated that she was a rag

picker and used to come from Najafgarh to JJ Colony, Madanpur

Kahdar for rag-picking.

(ii)On 18^th May 2012 at about 9:00 P.M., Prosecutrix/Complainant

boarded Gramin Sewa vehicle from Jalebi Chowk, Madanpur

Khadar for going to Nehru Place. The Gramin Sewa vehicle was

2022:DHC:557

CRL.A. 692/2016 & Connected Appeals

Page 4 of 57

driven by one co-accused namely Lucky, while the other co-

accused Tehna was the helper.

(iii)After reaching Nehru Place, all the passengers got down from the

Vehicle, Tehna took the Prosecutrix/Complainant near CNG pump,

Nehru Place, where the Prosecutrix/Complainant was introduced to

Vicky @ Vijay and Satyajeet Biswas @ Satte, who shifted the

Prosecutrix/Complainant into a car forcibly by twisting her arms.

Vicky @ Vijay drove the car and took her nea