Criminal Case No. 26/13
Delhi District Court
BENCH: Hon’ble SH. MAHESH CHANDER GUPTA J.
DATE OF JUDGEMENT: 20th August 2014
RELEVANT ACTS/SECTIONS:
- Section 376 IPC (Punishment for rape)
- Section 363 IPC (Punishment for kidnapping)
- Section 366 IPC (Kidnapping, abducting or inducing woman to compel her marriage, etc.)
- Section 506 IPC (Punishment for criminal intimidation)
- Section 34 IPC (Acts done by several persons in furtherance of common intention)
BRIEF FACTS OF THE CASE
On 11/03/2010 Police reached the place where the complainant was present and complainant made the statement. He is having three children and the youngest is his daughter/prosecutrix aged about 13 years, who studies in 7th class. Today on 11/03/2010, in the day time at about 2:00 p.m. she had gone to take the examination in the Lal School at A – Block, S. B. Dairy and the examination end at 5:00 p.m. but his daughter has not returned to the house till 9:00 pm. His brother−in−law Ravinder also lives with him has also not returned to the house. He suspects that his daughter has been enticed away by Ravinder after inducing her and has taken her somewhere else. Police recorded his statement and Registered FIR u/s 363 IPC. On 13/03/2010 police got information from Alipur police station, and reached Alipur police station where custody of prosecutrix was given to Lady Constable and the custody of Ravinder was given to Constable Ram Avtar and took them to MB Hospital, Pooth Khurd where their medical examination got conducted. On 15/03/2010 statement of the prosecutrix was recorded u/s 164 CrPC. Prosecutrix stated that On 11/03/2010 When I was coming to my house from School at about 5:00 pm one TSR stopped near me from which two persons get down Ravinder Kumar Giri and Narender. Narender shut my mouth with his hand and Ravinder Kumar Giri forced me to sit in the TSR. Thereafter, they took me towards Singhola Village, Delhi, where accused get down me from the TSR and took me inside, both accused entered into the room and slapped me. Thereafter, accused Narender came out from the room and accused Ravinder Kumar Giri did had committed sexual intercourse with me forcibly without my consent and will. Both the accused kept confine me in the room. During this period, accused Ravinder Kumar Giri committed rape upon me four times. Then both the accused persons threatened me to kill me. During the investigation, accused Narender Kumar Giri was arrested.
FORENSIC REPORT
The exhibits found were examined by Ms. Shashi Bala, SSO (Biology) in FSL, Rohini, Delhi and it was noticed that Human semen was detected on Cervical Smear of the prosecutrix. Blood sample of prosecutrix and semen sample of Ravinder Kumar Giri matched with blood Group A of accused Ravinder Kumar Giri (Juvenile)
JUDGEMENT
Narender Kumar Giri and Ravinder were convicted for the offence punishable u/s 363/34, 366/34, 376(2)(g), 506/342/34.