State vs Anwar

Criminal Case No. 71/13

Delhi District Court

BENCH: Hon’ble SH. MAHESH CHANDER GUPTA J.

DATE OF JUDGEMENT: 22^nd April 2014            

RELEVANT ACTS/SECTIONS:

• Section 4 ITP Act (Punishment for living on the earnings of prostitution)
• Section 5 ITP Act (Procuring, inducing or taking 1[person] for the sake of prostitution)
• Section 6 ITP Act (Detaining a²⁸ [person] in premises where prostitution is carried on)
• Section 376(2)(g) IPC (commits gang rape, shall be punished with rigorous imprisonment for a term which shall not be less than ten years but which may be for life and shall also be liable to fine)
• Section 365 IPC (Kidnapping or abducting with intent secretly and wrongfully to confine person)
• Section 366 IPC (Kidnapping, abducting or inducing woman to compel her mar­riage, etc)
• Section 342 IPC (Punishment for wrongful confinement)
• Section 328 IPC (Causing hurt by means of poison, etc., with intent to commit an offence)
• Section 120B IPC (Punishment of criminal conspiracy)
• Section 34 IPC (Acts done by several persons in furtherance of common intention)

BRIEF FACTS OF THE CASE

On 11/09/2007, prosecutrix came to the Police Station and made a statement, she stated that she is residing lives in Sultan Puri, Delhi with her family on rent for the last five years. She has studied up to 10th class. On 06/08/2007 at about 8:00 p.m. she was going to take curd and on she met Sushma who asked her to drink the juice and she drank the juice and then she became unconscious. When she regained consciousness she found herself on a train. Anwar (brother-in-law of Sushma) told her that this is Shahjahan Pur and here his uncle Abdul Wahid lives and she was taken to the house of Abdul Wahid. There Abdul Wahid offered her sweet to eat. After eating sweet she became unconscious. Anwar and Wahid committed rape upon her. She was kept confined for three days there. Abdul Wahid pressurised her to make marriage with him but she refused. Thereafter, she was taken to Mumbai and there she was kept in a rented room. Then they sold her to one lady named Shanti. Shanti used to beat her and used to give intoxicated injections and used to keep her confined in a room after closing it and used to talk other persons for the further sale of her (prosecutrix) and used to send her to different persons for establishing physical relations. One day, after finding an opportunity, she called her brother. He brother Rinku brought her to Delhi from Mumbai. On 09/09/2009, she came to Delhi and her condition was very worst at that time. Police registered FIR against all these u/s 365/366/376(2)(g)/328/342 IPC. Section 120 B IPC and sections 4/5/6 ITP Act were added. Police took her to the hospital where her medical examination got conducted. Accused Anwar and Sushma were arrested.  During the further investigation on 07/12/2007, accused Mercy Serroa @ Shanti was arrested for the offences u/s 328/342 IPC and u/s 4/5/6 ITP Act.

FORENSIC REPORT

All the exhibits found were examined in FSL Rohini, Delhi, and it was noticed that no blood and neither any semen could be detected on any of the exhibits. It is also to be noticed that the period of the alleged incident is from 06/08/2007 to 09/09/2007 and the medical examination of the prosecutrix was conducted on 11/09/2007 and during this period from 06/08/2007 till 11/09/2007, it cannot be ruled out that prosecutrix must have washed her clothes and must have answered the call of nature several times, must have been urinated several times and must have taken bath several times and this not being a case of recent sexual intercourse activity and for the said reasons it appears that semen could not be detected on exhibit  (vaginal Swab and clothes of prosecutrix)

JUDGEMENT

Accused Anwar, Sushma, Mercy Serroa @ Shanti were convicted for the offence punishable u/s 120B IPC. Accused Anwar was also convicted for the offences punishable u/s 376(2)(g) IPC, Section 342/34 IPC and Section 372/34 IPC. Accused Anwar and Sushma were also convicted for the offences punishable u/s 328/365 IPC r/w Section 120B IPC. Accused Mercy Serroa @ Shanti is also convicted for the offences punishable u/s 5 of the Immoral Traffic (Prevention) Act, 1956, u/s 343/323 IPC and u/s 328 IPC.