2015 CRI. L. J. 586 ::AIR 2015 SC (Criminal) 70 ::AIR 2015 SC (Supp) 634

Supreme Court Of India

(From : Punjab And Haryana)

Hon'ble Judge(s): Sudhansu Jyoti Mukhopadhaya, Prafulla C. Pant , JJ

(A) Penal Code (45 of 1860) , S.376(2)(g)— Gang rape - Proof - Allegations that accused persons bolted door from inside as soon as victim entered on being asked by co-accused to bring 'lassi' from her house and raped her - Victim disclosed incident only after her mother came back from her maternal house after 20 days - Explanation for delay in lodging FIR gets corroborated by statement of mother of victim - School certificate proved that on date of incident victim was aged less than 16 years - Evidence of victim is natural and trustworthy - It cannot be said that victim has falsely implicated accused persons due to enmity - Conviction of accused persons, proper. (Para 7 8 9) (B) Penal Code (45 of 1860) , S.109— Abetment - Intentional aiding of offence is covered by third clause mentioned in S. 107 - Evidence showing that accused has aided commission of offence by asking victim to go to her house to take 'lassi' where other accused bolted room and subjected victim to rape - It was house of accused and her husband where incident is said to have taken place - Conviction and sentence of accused under S. 109, proper. (Para 15 16) .....