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SWATANTER KUMAR,FAKKIR MOHAMED IBRAHIM KALIFULLA
RAI SANDEEP @ DEEPU – Appellant
Versus
STATE OF NCT OF DELHI – Respondent


Advocates:
SHIV SAGAR TIWARIANIL KATIYAR

Page 1

JUDGMENT

Reportable

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL

APPEAL

NO.

2486

OF

2009

Rai Sandeep @ Deepu

…Appellant

VERSUS

State of NCT of Delhi

…Respondent

With

CRIMINAL

APPEAL

NO.

2487

OF

2009

Hari Singh

…Appellant

VERSUS

State (NCT) of Delhi

…Respondent

J U

D

G

M

E N

T

Fakkir Mohamed Ibrahim Kalifulla, J.

1.

These two appeals at the instance of the accused arise

out of the common judgment dated 27.01.2009. Hence, we

will dispose them of by this common judgment. Both the

appellants were convicted for the offence of gang rape by the

trial Court and were sentenced to undergo rigorous

imprisonment for 10 years each with a fine of Rs. 3,000/-

1

Page 2

JUDGMENT

each, in default to undergo further rigorous imprisonment

for one year each under Section 376 (2)(g), IPC.

2.

The case of the prosecution was that on 15.08.2001 in

the night at about 1.30 a.m. the prosecutrix (PW-4) aged

about 34 years was in her sister’s house, namely, Seema,

that she heard the noise of knocking at the door, that the

minor daughter of her sister, namely, Noju

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