Criminal Case No. 98/13
Delhi District Court
BENCH: Hon’ble SH. MAHESH CHANDER GUPTA J.
DATE OF JUDGEMENT: 7th November 2013
RELEVANT ACTS/SECTIONS:
- Section 328 IPC (Causing hurt by means of poison, etc., with intent to commit an offence)
- Section 342 IPC (Punishment for wrongful confinement)
- 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 376 IPC (Punishment for rape)
BRIEF FACTS OF THE CASE
Prosecutrix lives in J.J Colony, Delhi with her mother in a rented house. On 02/02/2010, when she was sitting in a bus stop then a guy namely Mintu, who always try to strike a conversation with her, he came and asked her to drink juice but prosecutrix refused to drink but Mintu forcibly insist her to drink, after drink prosecutrix came under influence of intoxication then Mintu took her to an unknown place. After two days when she regained consciousness, she found herself lying with Mintu. Mintu forcibly established physical relation with her. When Mintu has left the place for smoking, she found the opportunity to run out of the place. She reached the bus stop and she called her Nisha Aunty, Nisha took Prosecutrix to her place. Prosecutrix did not tell her mother about the incident. Next day prosecutrix told the entire incident to her mother and Nisha. On 06/02/2010, prosecutrix along with her mother and Nisha Aunty has told police about the incident which had taken place with her and prosecutrix wanted to get conduct her medical examination. After recording statement police took her to BJRM Hospital, where her medical examination was conducted. Police arrested Mintu and recorded his statement. Police took him to BJRM Hospital where his medical examination was conducted. After completion of further investigation challan for the offences, u/s 328/342/365/366/376 IPC was prepared against Mintu Kumar and was sent to the Court for trial.
FORENSIC REPORT
All the exhibits found were examined and it was noticed that no any blood was detected and neither any semen could be detected on any of the exhibits. It is also noticed that the period of the alleged incident is from 02/02/2010 to 04/02/2010 and medical examination of the prosecutrix was conducted on 07/02/2010, it is clear that after sexual assault, the prosecutrix had taken bath and changed her clothes. It cannot be ruled out that prosecutrix must have answered the call of nature several times and this not being a case of recent sexual intercourse activity and for the said reasons it appears that blood and semen could not be detected on exhibits.
JUDGEMENT
Mintu was convicted for the offences punishable u/s 328/366/368/376 IPC.