Criminal Case No. 29/13
Delhi District Court
BENCH: Hon’ble SH. MAHESH CHANDER GUPTA J.
DATE OF JUDGEMENT: 24th September 2013
RELEVANT ACTS/SECTIONS:
- CrPC 164 (Recording of confessions and statements)
- Section 363 IPC (Punishment for kidnapping- Whoever kidnaps any person from India or lawful guardianship, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.)
- Section 366 IPC (Kidnapping, abducting or inducing women to compel her marriage etc.)
- Section 376 IPC (Punishment for rape.)
BRIEF FACTS OF THE CASE
On 24/05/2009, about 8:30 p.m. prosecutrix (3yr old child) was playing outside the house and her father (Krishna) was also standing outside the house and at that time his neighbour Bablu who lives opposite to his house came to her daughter and started playing with her and then Krishna told Bablu that it is too dark, let her daughter be given to him and he also goes to sleep on which Bablu asked him to go and he will leave the prosecutrix at her house. Then Krishna left prosecutrix with Bablu and waited for long but Bablu did not come to the house to drop her daughter. Then, Krishna went to that place where he left her daughter with bablu but they were not there. After searching for a long time Krishna detailed 100 and the police came there. On 25/05/2009, when he saw Bablu at about 7:00 a.m., going to his house he asked him where his daughter is Bablu could not give any satisfactory reply. Then he pressurizing bablu, under pressure bablu said that he concealed her daughter in ramleela maidan. He and her wife and neighbours reached ramleela maidan where they found her daughter lying in dry grass and she was in naked condition and blood present on over her body and her vagina had dried. Then Krishna informed police reached ramleela maidan he arrested Bablu. Bablu confessed that he raped her. Police register the case u/s 363/376 IPC and record the prosecutrix statement u/s 164 CrPC.
FORENSIC REPORT
All the exhibits found were examined and it was noticed that human semen and blood was detected on prosecutrix undergarment, vaginal area of the prosecutrix, and undergarments of Bablu are matched with DNA of Bablu.
JUDGEMENT
Bablu was convicted for the offence punishable u/s 363/366/376 IPC.