Criminal Case No. 90/13
Delhi District Court
BENCH: Hon’ble SH. MAHESH CHANDER GUPTA J.
DATE OF JUDGEMENT: 17th September 2014
RELEVANT ACTS/SECTIONS:
- Section 376 IPC (Punishment for rape)
- Section 363 IPC (Punishment for kidnapping)
- Section 342 IPC (Punishment for wrongful confinement)
- Section 368 IPC (Wrongfully concealing or keeping in confinement, kidnapped or abducted person)
- Section 328 IPC (causing hurt by means of poison, etc., with intent to commit an offence)
- Section 366 IPC (Kidnapping, abducting or inducing woman to compel her marriage, etc)
- Section 109 IPC (Punishment of abetment if the act abetted is committed in consequence and where no express provision is made for its punishment.)
- 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 25/12/2009, Mohd. Sabir went to the Police Station and got recorded his statement that his daughter studies in 9th Class in Pawar School, Narela, Delhi, on 22/12/2009 at 09:00 am she had gone for giving her examination and after her examination, she has not returned to the house. His daughter is aged about 14 years, whom he had been searching on his own till now, but she has not been found and he suspects that one boy named Manoj who lives in the neighbourhood on rent has enticed away from his Daughter. Police register FIR u/s 363 IPC. On 26/12/2009, the prosecutrix was produced by the Sabir and the statements of the witnesses were recorded, medical examination of the prosecutrix was got conducted at BJRM Hospital. Police recorded the statement of prosecutrix u/s CrPC 164. During the investigation, police arrested accused Manoj & Raju Gupta of the offences u/s 363/366/366A/376/342/368/328/109/506/34 and recorded their statement and took them to SRHC Hospital where their medical examination was got conducted.
FORENSIC REPORT
The exhibits found were examined by Ms. Manisha Upadhyaya, Senior Scientific Officer, FSL, Rohini, Delhi it clearly shows that blood was detected on exhibit. It is also to be noticed that the period of the alleged incident is from 22/12/2009 to 26/12/2009 when the recovery of the prosecutrix and the medical and the gynaecological examination of the prosecutrix was conducted von 26/12/2009 and the sealed exhibits of the prosecutrix were seized on 26/12/2009. During the said interregnum, it cannot be ruled out that prosecutrix must have taken the bath, changed her clothes and must have answered the call of nature several times and for the said reasons it appears that the semen could not be detected on exhibit.
JUDGEMENT
Accused Manoj and Raju Gupta was convicted for the offences punishable u/s 120B IPC, u/s 363/366/328/342/376(2)(g) IPC r/w Section 120B IPC and Section 506 IPC r/w Section 120B IPC and convict them thereunder