Criminal Case No. 196A/13
Delhi District Court
BENCH: Hon’ble SH. MAHESH CHANDER GUPTA J.
DATE OF JUDGEMENT: 14th December 2013
RELEVANT ACTS/SECTIONS:
- 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 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 07/12/2003 police reached the Alipur Bus Stand and met the prosecutrix and her mother. Police took her to M.B Hospital where her medical examination got conducted. After medical examination police record her statement, her mother works as a Chowkidar at the farm and Ran Singh is the friend of the owner of the Farm and Ran Singh knows her mother. Her mother told Ran Singh to employed her daughter on which Ran Singh had given assurance to her mother that, he will tell within two-four days, and she may inquire on the phone. Three-four days ago prosecutrix talked to Ran Singh from PCO, on which he said, he will meet her. On 06/12/2003, in the evening Ran Singh came with his friend Shri Bhagwan and told that the job has been finalized and tomorrow morning he will take her to meet that person. On 07/12/2003 morning at 11:00 a.m. when she called Ran Singh, on which Ran Singh told her to be ready and he is coming within one hour to take. Around 12:30 p.m. Ran Singh with Shri Bhagwan came in Wagon − R Car No. 7414. They took her to Bakoli Farm House, Shri Bhagwan told her, to make relations with him, when she refused, then Shri Bhagwan said that they will kill and wipe her out. Shri Bhagwan and Ran Singh committed rape upon her, thereafter they took her to home and told that if she disclosed this incident to anyone they will kill her. Police register FIR against Shri Bhagwan and Ran Singh u/s 363/376/506/34 IPC. Both accused Shri Bhagwan and Ran Singh were arrested and got medically examined and sealed exhibits sent to CFSL, Kolkata. Police seized wagon R car and mobile phone.
FORENSIC REPORT
All The exhibits found were examined in CFSL, Delhi, it was noticed that blood and semen was detected on undergarment of prosecutrix and semen was detected on a vaginal swab of the prosecutrix and matched with accused. It indicates the taking place of sexual intercourse activity.
JUDGEMENT
Ran Singh and Shri Bhagwan both were convicted for the offence punishable u/s 376(2)(g) and u/s 506/34 IPC