Criminal Case No. 85/13
Delhi District Court
BENCH: Hon’ble SH. MAHESH CHANDER GUPTA J.
DATE OF JUDGEMENT: 20th November 2014
RELEVANT ACTS/SECTIONS:
- Section 376 IPC (Punishment for rape)
- Section 363 IPC (Punishment for kidnapping)
- Section 365 IPC (Kidnapping or abducting with intent secretly and wrongfully to confine person)
- Section 34 IPC (Acts done by several persons in furtherance of common intention)
BRIEF FACTS OF THE CASE
On 21/04/2011, about 4:15 p.m. complainant Raj Singh came to Police Station and lodged the report regarding missing of his daughter that, his daughter aged about 17 years, is missing since last year October 2010 and he has full suspicion that his daughter had been taken away by the person having phone no. 08053950262. Police record his statement and registered missing report. Police made efforts for the tracing out of the prosecutrix and the accused. Thereafter, on the identification of complainant Raj Singh, police recover the prosecutrix in the company of two boys namely Sunder and Ajay. Police took the prosecutrix to SRHC Hospital where her medical examination got conducted. Both the accused Sunder and Ajay @ Kalia were also got medically examined and accused Sunder and Ajay @ Kalia was taken into Police possession. The sealed exhibits were sent to the FSL. Police record statement of prosecutrix u/s 164 crpc. She stated that she is 18 years old, she voluntarily married Ajay with her own will. Ajay handed over her to Sunder to whom she does not know earlier. She did not want to live with Sunder and she had fled from the house of Sunder and had gone to the house of Ajay and sunder came there, while beating me, he brought to his house and kept her confined in the room for one night and had committed rape upon her.
FORENSIC REPORT
The exhibits found were examined in FSL and it was noticed that Human Semen was detected on undergarment and a vaginal swab of prosecutrix matched with accused Sunder.
JUDGEMENT
Sunder was convicted for the offence punishable u/s 376. Accused Ajay was convicted for the offence punishable u/s 376 IPC r/w 109 IPC, 363, 366 IPC.