SUPREME COURT OF INDIA
SWATANTER KUMAR,FAKKIR MOHAMED IBRAHIM KALIFULLA
RAI SANDEEP @ DEEPU – Appellant
Versus
STATE OF NCT OF DELHI – Respondent
Crl.A. No.-002486-002486 / 2009
07-08-2012
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 (PW-10), opened
the door and both the accused persons entered and the
accused Rai Sandeep @ Deepu told the prosecutrix that he
wanted to have sexual intercourse with her. According to
the prosecutrix (PW-4), she rebuked their demand stating
that she was not of that type and that the appellants
threatened her, that in the meantime one Jitender (PW-11),
minor son of her sister Seema appeared and both the minor
children asked the appellants to go out of their house but
the appellants pushed the minor children into a room and
bolted the door of the room from outside. The further
allegation of the prosecutrix (PW-4) was that the appellant-
Rai Sandeep @ Deepu in Criminal Appeal No.2486 of 2009
made her lie down in the Verandah outside the room and
2
Page 3
JUDGMENT
had
forcible
sexual
intercourse
with
her
while
his
companion, the appellant in Criminal Appeal No.2487 of
2009 was guarding the main door of the house. It was
further alleged that after the appellant in Criminal Appeal
No.2486
of
2009
had forcible intercourse
with
the
prosecutrix (PW-4), he took the turn of guarding the door
while his companion, the appellant in Criminal Appeal
No.2487 of 2009 also had forcible sexual intercourse with
her, that both the appellants wiped their private parts with a
red colour socks which was lying in the Verandah and while
leaving the place of occurrence, they took away a gold chain
and a wrist watch which was lying near the TV inside the
room. The appellants stated to have left the place by bolting
the main door from outside. According to the prosecutrix
(PW-4), since it was dark in the night she did not venture to
go out at that time and in the morning she asked her
nephew Jitender (PW-11) to get out of the house from roof
top and open the door which was bolted from outside.
Thereafter, she is stated to have reported the incident to the
police.
3
Page 4
JUDGMENT
3.
Based on the investigation, the appellants were
arrested and thereafter the gold chain and the wrist watch
was recovered at the instance of the appellant in Criminal
Appeal No.2486 of 2009 and subsequently on his disclosure
the appellant in Criminal Appeal No.2487 of 2009 was also
arrested. The prosecutrix (PW-4) and the appellants were
stated to have been medically examined, that the appellant
in Criminal Appeal No.2487 of 2009 refused to participate in
the test identification parade, that FSL report of Exhibits
were also obtained and the charge sheet was filed for the
offence of gang rape. Seventeen witnesses were examined on
the side of the prosecution which included the prosecutrix
(PW-4) as well as her niece Noju and nephew Jitender, minor
children of prosecutrix’s sister Seema who were examined as
PWs-10 and 11. PWs 1 and 5 w