Criminal Case No. 194/13
Delhi District Court
BENCH: Hon’ble SH. MAHESH CHANDER GUPTA J.
DATE OF JUDGEMENT: 24th July 2014
RELEVANT ACTS/SECTIONS:
- CrPC 173 (report of the police officer on completion of an investigation)
- 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 342 IPC (Punishment for wrongful confinement)
BRIEF FACTS OF THE CASE
Prosecutrix lives on rent along with her three children. She was working in the thread factory of Manoj where she worked for about a month and had left the same about four days ago, a boy namely Pintu @Suresh also used to work there. Manoj Kumar was running the factory on rent in the house of Hari Ram. She was to take wages for a month from the owner of the factory. On 14/06/2009, at about 6:00 p.m., she received from Pintu and he said Thekedar is giving money, come and take the money. She reached to take the money and there Pintu and house owner Hari Ram was present. She was told that the Thekedar is just coming and she was made to sit in the room. Thereafter, Pintu bolted the outside gate and the room in which she was made to sit and in the room, Pintu forcibly committed rape upon her and he was seeming to be in an inebriated condition. Hari Ram thereafter, he also committed rape upon her. She made every effort to get release herself but she could not get herself released. She has suffered abrasions below the right eye and on the hands. After committed rape they threatened her if she disclosed the incident to anyone then they will kill her. Due to fear of her being killed till date she had not disclosed about the incident to anyone and on 17/06/2009, she told about the incident to her Kamlesh Bhabhi. Then Kamlesh brought her to the police station. Police took her to Sanjay Gandhi Hospital, Mangol Puri, where her medical examination got conducted. Police record the statement and register FIR u/s 342/376/506/34 IPC. Pintu @ Suresh and Hari Ram were arrested. Sealed exhibits were sent to the FSL.
FORENSIC REPORT
The exhibits found were examined in FSL Rohini, Delhi by Ms Shashi Bala, Senior Scientific Officer, Biology has proved that Human semen was detected on Prosecutrix undergarment. Also, Blood was detected on Prosecutrix dress, saree. It clearly shows that sexual intercourse activity has taken place in the instant case.
JUDGEMENT
Hari Ram and Pintoo both were held guilty for the offence punishable u/s 376(2)(g), 342 IPC.