The enhancement of sentence was done in respect of offence punishable under Section 376 IPC.
The appellant Bhupinder and Shankar number tried were in the process of taking off their clothes with a view to perpetuate sexual abuse when the victim managed to escape with only a shirt and ran away bare footed.
When she reached near the road, she wasmet Chaman Lal, ASI who was accompanied by police officers.
The victim was taken by two boys namely, accused Ashish Kanwar and Suresh to an isolated place in a jungle.
The three wheeler was sent back with a direction to companye in the evening.
Police took into possession certain articles.
2003 Supp 4 SCR 792 The Judgment was delivered by ARIJIT PASAYAT, J. Enhancement of sentence from four years RI as awarded by the trial Court to 10 years as done by the Himachal Pradesh High Court for an offence of rape punishable under Section 376 of the Indian Penal Code 1860, in short the IPC is the subject matter of challenge in this appeal.
Meanwhile, two other persons also came there.
The High Court issued suo motu numberice of enhancement of sentence in respect of appeals filed by the present appellant Bhipinder and accused Ashish.
Prosecution version as unfoled during trial is that the victim aged about 16 years had gone to Solan in 1998 to purchase medicines for her ailing grandfather.
There were four more boys.
After companyclusion of trial all of them were found guilty and companyvicted to undergo different sentences.
After gagging her mouth, she was taken to a house which was below the road.
All the other accused persons were companyvicted to RI for 7 years for the offence punishable under Section 376 and 342 IPC.5.
All the companyvicts were arrested during investigation.
Statement of the victim was recorded and investigation was undertaken.
The victim was sexually abused firstly by accused Ashish followed by accused Sunil, Suresh and Ruby.
She was sent for medical examination where she was examined by Dr. Radha Chopra PW 8 .
When the victim described the ghastly incident to them, she was taken to the room where she had been raped but it was found that all six of them had fled away.
The fourth one namely Shankar was number tried as adequate evidence was number available against him.
Three out of those were identified by the victim during trial.
They were Charanjit PW 2 and Balvinder PW 3 .
The accused persons pleaded number guilty.
