A bench of justices Sanjiv Khanna and S P Garg upheld the life sentences of former PBG Harpreet Singh and Satyender Singh, awarded by the trial court for raping a 17-year-old student of a Delhi University college.
"They were military men and committed the rape of a young girl, who was completely helpless before them, in uniform and in broad daylight.
"They have exhibited moral turpitude of extreme depravity by subjecting the teenage prosecutrix to rape and making her a victim of their physical lust.
"Both of them are more than six feet tall and well built. Instead of defending and protecting the public, they have committed an offence which does not deserve any soft or lenient approach. Their sentences under section 376 (2)(g) (gang rape) are confirmed," the bench said while dismissing their pleas challenging the trial court's August 2009 verdict.
The court also upheld the acquittal of two other PBGs - Kuldeep Singh and Manish Kumar from the charges gang rape but upheld their conviction for kidnapping (section 366 IPC) and causing hurt (section 394 IPC) to the victim.
The court, however, reduced the 10-year-jail terms, awarded to all four for causing hurt to the victim, to five years.
The court ordered Kuldeep and Manish, who are out on bail, to surrender within two days to serve their 10-year jail terms, awarded to them for kidnapping.
The high court found all four convicts guilty of under sections 394 (robbery), 366 (kidnapping) and 34 (common intention) of the IPC.
The victim who had gone with her boyfriend to the park near Rashtrapati Bhavan on October 6, 2003, was raped by Harpreet and Satyender while the other two accused Kuldeep and Manish had kept a watch.
