Justice Pratibha Rani, however, maintained the sentence and fine of Rs 20,000 awarded to convict Ajit Singh Katiyar for the other offences of IPC, including abduction, criminal intimidation and administering of an intoxicant, that were committed by him.
"Reverting to the facts of the present case and the submissions made by the counsel for the appellant (Katiyar), I find that while sentencing appellant to 14 years imprisonment for committing the offence punishable under Section 376(2)(g) (gangrape) IPC, the trial court did not specify any act of cruelty attributed to the appellant which required him to be awarded a sentence of 14 years.
The High Court decision came on Katiyar's appeal against the trial court's December 2009 order convicting and sentencing him to 14 years in jail for abducting a 20-year-old Delhi University student from Mizoram and raping her in the moving car along with three other occupants of the vehicle by taking turns. Two of them had raped her twice.
The police has till date failed to arrest the three co-accused -- Danda, Jat and Tappe. They also could not trace the car used in the abduction and rape. The friend of the victim managed to escape from the spot.
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