Criminal Case No. 22/13
Delhi District Court
Bench: Hon’ble Sh. Mahesh Chander Gupta J.
Date of Judgement: 7th May 2015
Relevant Acts/Sections:
- CrPC 173 (report of the police officer on completion of an investigation)
- 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)
- Section 114 IPC (Abettor present when the offence is committed)
Brief facts of the case
On 09/06/2012 at 8:50, PCR received a call from a lady saying that someone has done rape her. Police reached at the place where prosecutrix was present (female victim under section 376 IPC). Police took her to the BSA Hospital Rohini, Delhi, where her medical examination was conducted. Prosecutrix does the household work and her husband confined in jail for the last 8 months. One day a lady (Rekha) came to her place in her car and told her (prosecutrix) that at her (Rekha) place a lawyer has come who can get release her (prosecutrix) from jail. She (prosecutrix) trusting the assurance of Rekha when they reached near the Nahar, Rekha stopped the car, there Sanjay (who lives in Bawana as the husband of Rekha) and his friend. They sit in the car and car was turned at the factory area and after going at some distance car was stopped and all three caught her (prosecutrix) in the back seat of a car. Rekha pressed her mouth and caught her hand due to which she (prosecutrix) couldn’t raise alarm. Sanjay and his friend commit rape turn by turn. She struggled to save herself due to which Sanjay and his friend caused injuries to her (prosecutrix). Rekha, Sanjay and his friend after committing a crime, they threatened to kill her (prosecutrix), if she discusses this incident with anyone. Based on the statement, accused Sanjay was arrested after finding sufficient evidence against him, and the key of the car was seized from his house and taken to the police possession and car and the sealed exhibits, handed over by the FSL Expert. After a month, accused Rekha had surrendered in the court.
In this case, Prosecution has proved that on 09/06/2012 at about 8:00 p.m. accused Rekha abetted the commission of the gang rape by accused Sanjay and Bittoo (since not arrested) upon prosecutrix, in furtherance of their common intention and intimated the prosecutrix to be killed.
Forensic Report
The exhibits found were examined in FSL Rohini, Delhi by Sh. Indresh Kumar Mishra, and Sh. V. Shanker Narayana, SSO FSL and it were noticed that no any blood was detected in the car and neither any semen could be detected on any of the exhibits, so DNA analysis is not required and from the report, it was also concluded that as the date of the alleged incident is 09/06/2012 at about 8:00 p.m. and the gynaecological examination of the prosecutrix was conducted on 10/06/2012 at about 12:45 a.m. and the sealed exhibits of the prosecutrix were seized on 10/06/2012 after her gynaecological examination, during this period from the date of incident on 09/06/2012 at about 8:00 p.m. till 10/06/2012 at about 12:45 a.m. when her gynaecological examination was conducted, it cannot be ruled out that the prosecutrix must have passed the urine several times.
Judgement
Rekha and Sanjay both were convicted for the offence punishable u/s 376(2)(g) and u/s 506/34 IPC .along with this Rekha was also held guilty for the offence punishable under section 114 IPC.