Criminal Case No. 27/13
Delhi District Court
BENCH: Hon’ble SH. MAHESH CHANDER GUPTA J.
DATE OF JUDGEMENT: 6th February 2016
RELEVANT ACTS/SECTIONS:
- Section 323 IPC (Punishment for voluntarily causing hurt)
- Section 363 IPC (Punishment for kidnapping)
- Section 342 IPC (Punishment for wrongful confinement)
- Section 376(2)(f) IPC (commits rape on a woman when she is under twelve years of age; or)
- Section 506 IPC (Punishment for criminal intimidation)
BRIEF FACTS OF THE CASE
On 07/02/2010 at 8:50, PCR received a call regarding rape. Police reached the place where prosecutrix and her grandmother were present. Police took her to the BJRM Hospital Jahangir Puri, Delhi, where her medical examination was conducted. Police recorded the statement of Grandmother of the prosecutrix, she stated that she does the sweeping and utensil cleaning work in the houses and she goes for work at 8.00 am and comes back to the house at 6.00 pm. On 04/02/2010, her daughter−in−law Bala had gone to her maternal house and she had gone to the house of her daughter-in-law Sunita at
Najafgarh and had come back to the house in the evening. On 05/02/2010 at about 8:00 a.m. and she had left for her sweeping and utensil cleaning work and had come back to the house at about 6:00 pm but she did not find her granddaughter at home. She asked the other children who told her that victim has been taken by papa (stepfather of prosecutrix) with him. She and other family member searched a lot, the victim but she could not be found. On 06/02/2010 about 8:00 am Deepak called that victim is with him and there is nothing to worry. She and her son−in−law Nirmal reached at 100 Number bus stop and after some time, the victim alighted alone from a bus. She searched for Deepak but he could not be found, thereafter, she brought the victim with her to the house, the victim was very much frightened and when she (complainant) asked her (victim) she started weeping and told that papa (Deepak) yesterday (on 05/02/2010) had taken her to a room and had committed rape upon her and when she (victim) started weeping, papa threatened her if anything was told to anyone then he will kill her. Police registered FIR against Deepak u/s 363/342/376(2)(f)/506 IPC and investigation proceeded. During the investigation, Deepak was arrested.
FORENSIC REPORT
All the exhibits found were examined in FSL Rohini, Delhi, and it was noticed that no any blood and neither any semen could be detected on any of the exhibits but it stands established that sexual intercourse activity has taken place in this case. It is also noticed that alleged incident is 05/02/2010 and the medical examination of the prosecutrix was conducted on 08/02/2010, and after assault prosecutrix took bath and changed her clothes and also that during this period from the date of incident on 05/02/2010 till 08/02/2010 when her medical examination was conducted, it cannot be ruled out that prosecutrix must have answered call of nature several times, must have urinated several times and because of this reason, it appears that semen could not be detected on exhibits.
JUDGEMENT
Accused Deepak was convicted for the offence punishable u/s 363/342/376(2)(f)/506 IPC.