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