Criminal Case No. 58/13
Delhi District Court
BENCH: Hon’ble SH. MAHESH CHANDER GUPTA J.
DATE OF JUDGEMENT: 15th October 2013
RELEVANT ACTS/SECTIONS:
- Section 366 IPC (Kidnapping, abducting or inducing woman to compel her marriage, etc.)
- Section 376 IPC (Punishment for rape)
- Section 363 IPC (Punishment for kidnapping)
- Section 419 IPC (Punishment for cheating by personation)
BRIEF FACTS OF THE CASE
On 02/02/2011 Ram Bharose came to the Police Station Sultan Puri at 7:25 pm and got recorded his statement to the Duty Officer, his daughter prosecutrix (13 yrs) studies in Surya Public School, Krishan Vihar in 8th Class, she had left for School about 8:00 am and at about 9:00 am her madam had called and told him that his daughter has not reached the School. He suspects that his daughter has been taken away by Jakir. Police start searching for prosecutrix she could not trace out. The description of the prosecutrix is, Age − 13 years, Height − about 5 feet, Colour − Gora, Built − strong, round face, a burnt scar ear left-hand fingers, wearing a school dress. Police register FIR u/s 363. This information was sent to NCRB, CBI but they could not be found. On 18/02/2011, police recovered the prosecutrix with accused Jakir at Railway Station. They were brought to Delhi and were interrogated. Statement of the prosecutrix was recorded in the presence of NGO. Police took them to SGM Hospital, where their medical examination was conducted. After completion of further investigation, police arrested Jakir for the offences u/s 363/366/376/419 IPC.
FORENSIC REPORT
All the exhibits found were examined by Sh. Interest Kumar Mishra, Senior Scientific Officer (Biology), FSL Rohini and it was noticed that human semen was detected on a vaginal swab of prosecutrix and undergarment of accused. Based on the morphological and microscopical examination, the hair found in exhibits were identified to be human in origin. It is identified to be accused.
JUDGEMENT
Jakir Malik was held guilty for the offences punishable u/s 363/366/419/376 IPC.