HC upholds life term to 5 convicts in 2010 Dhaula Kuan gangrape

The Delhi High Court has upheld the life imprisonment awarded to five convicts in the sensational 2010 Dhaula Kuan gangrape case of a 30-year-old BPO woman executive from north-east.

A bench of justices Vipin Sanghi and P S Teji dismissed the appeals of five convicts and said that not only was the victim’s testimony sufficient, but her deposition was also corroborated by her friend, who was with her at the time of abduction, and her employer.

The bench handed down the jail term to Usman alias Kale, Shamshad alias Khutkan, Shahid alias Chhota Billi, Iqbal alias Bada Billi and Kamruddin alias Mobile, all residents of Mewat region in Haryana.

It said the prosecution has been able to establish all the charges against the convicts who have failed to make out any ground in support of their appeal and the same deserves dismissal.

The bench said that from the woman’s testimony, the prosecution has established that on the night of November 23 -24, 2010, the five men had kidnapped the victim near Sharma Automobiles in south Delhi’s Moti Bagh, took her in a pick-up van and raped her in the moving vehicle.

The incident took place when she along with a friend was returning home from their office in Gurgaon and were just dropped by the office cab.

The convicts then took her to Mangolpuri in outer Delhi, gangraped her and left her at an isolated road. The victim has since returned to her home in Mizoram.

Upholding the conviction of the five, the bench said that the trial court found the woman’s evidence credible and trustworthy and the high court finds no reason to take a different view.

“In our considered view, the testimony of the prosecutrix is natural, reliable, credible and trustworthy, free from any kind of glitches. She in simple language narrated the incident at the time of her deposition before the trial court and her testimony has duly been corroborated by her friend and employer,” it said.

The five men were convicted and sentenced by a trial court here in October 2014, with the judge observing that the the offence demonstrated that the five married men having children, “were on the prowl, looking for a prey to satiate their sexual lust.”

It had said that they were “psychopaths” who should be kept away from the society as long as possible.

The five men were held guilty for offences of gangrape, abduction, criminal intimidation and common intention.

Besides awarding them life term, which was the maximum sentence for the offence, the court had also imposed a fine of Rs 50,000 on each of the convicts.

The convicts challenged the trial court verdict claiming that they were falsely implicated and that there was a gap in the prosecution story regarding identification of the accused and linking them up with the crime.

The bench, however, rejected their claims saying that while Usman and Shamshad were identified by the woman during their test identification parade (TIP), Shahid, Iqbal and Kamruddin had refused to participate in TIP proceedings and an adverse inference is warranted against them.

It also said the DNA report clearly demonstrated that the victim was raped by them.

Rape, murder of 4-yr-old girl: Convict moves SC

supreme courtThe Supreme Court on Thursday agreed to hear on Tuesday the appeal of a 48-year-old man awarded death penalty by the Rajasthan High Court for abducting, raping and killing his four-year-old neighbour at Sriganganagar in 2012.

Besides the convict, his juvenile son also took part in the offence of rape and murder of the minor.

“List it for hearing on Tuesday,” a bench of justices J S Kehar and C Nagappan said after the lawyer for the condemned convict Kalu Khan mentioned the plea seeking urgent hearing.

Khan moved the apex court against the April 4 verdict of the high court by which his appeal against the conviction and award of death penalty has been dismissed.

The high court allowed the state’s reference and confirmed the death penalty in the case.

The girl, whose parents had gone out, was lured by the convict on the promise of giving her some berry on the morning of May 3, 2012, the prosecution said.

Khan and his minor son raped the victim in turn and later, as her condition worsened, they killed her before burying her in a pit in their courtyard, it added.

Some witnesses had said that during the search, they found the juvenile son of the accused burying something in a pit and on being confronted, he panicked and that led to the recovery of victim’s body.

In the appeal, filed through lawyer Asha Jain Madan, the convict said that the courts below have failed to “appreciate that the entire prosecution case rests solely on circumstantial evidence which is wholly insufficient to base the conviction of the petitioner and that too for award of capital sentence”.

It also said that the prosecution’s story is “totally improbable” as the convict and his minor son cannot have done the “sinful” act together.

“The capital sentence at the age of 48 years with clean past, should not have been awarded as there was all possibility of reformation of the petitioner,” it said.

(Source: PTI)

Two put on trial on gangrape and abduction charges

Two men have been put on trial by a fast track court here for gangraping a 22-year-old girl after abducting her with the help of two women.

The fast track court presided over by Additional Sessions Judge T R Naval also framed charges against two women, Shimla Devi and her daughter Shashi for abducting and abetting rape of the victim in East Delhi last year.

The court framed charges against accused Jitender and Sanju for the offences of abduction with an intent to compel the girl to marry one of them or to have illicit relations, gangraping and threatening to kill her.

According to the police, the girl was abducted after the two women took her to a temple where the other accused were already present.

“I find that there is sufficient material on record which raises a grave suspicion against all the accused that they might have committed the offences punishable under section 366 read with Section 34 IPC, accused Jitender and Sanju have committed the offences punishable under section 376(2)(g) and 506(II) and Shimla and Shashi have committed offence under section 109/34 read with Section 376 IPC,” the judge said.

All the four accused pleaded not guilty and claimed trial in the case. The court has fixed April 4 for recording of the statement of prosecution witnesses beginning with the victim.

While Jitender is in judicial custody, the other three accused are out on bail.

According to the prosecution, the incident took place on the morning of April 4 last year when Shimla and Shashi asked the girl to accompany them to Sai Mandir in Jyoti Nagar area.

The girl, in her statement before a magistrate earlier, had said that accused Sanju and Jitender were also present near the temple in a car and gave her ‘prasad’ after which she felt giddy.

The judge noted that she had stated the accused took her to Karkardooma Court and took her signatures on a register and threatened to kill her brother, if she raised an alarm.

She was then taken to a house in GTB Enclave where she was gangraped by the accused and they had also taken her obscene photographs and made videos, she had said adding that she was kept in the flat till May 24, 2012.

The court noted that among other witnesses, Jitender’s wife has also levelled allegations against him and has prima facie supported the prosecution case.

 

PTI

Suryanelli rape case: Hearing of bail pleas adjourned to Mar 4

The Kerala High Court adjourned to March 4 the hearing of the bail pleas of 17 accused in the Suryanelli rape case allegedly involving Rajya Sabha Deputy Chairman PJ Kurien.

A division bench comprising Justices K T Shankaran and M L Joseph Francis told that the appeal and records about the case had not been received from the Supreme court and it cannot proceed without perusing them, even though the accused wanted their pleas to be taken up today.

According to the accused, the apex court had not gone into the merits of the case and judgement was on technical grounds. The accused, who had been convicted and sentenced by the sessions court, are among the 35 acquitted by a division bench of the high court in 2005.

However, the Supreme Court had however recently set aside the acquittals and asked them to surrender before the special court hearing the case.

First accused Rajan and fifth accused Cherian are among those who have moved for bail maintaining there was no material against them to prove the charges.

Dharmarajan, the third accused, who had jumped bail, had recently been arrested from Karnataka and sent to jail. The high court had reduced his life term to five years. Following the Supreme Court judgement, Dharmarajan has to undergo the rest of his prison term.

The case relates to a 16-year-old girl who was abducted in 1996 and taken to various places and sexually exploited.

Kurien was acquitted but the victim had recently named him as one of those who allegedly assaulted her in 1996.

The victim had also sent a letter to her advocate seeking to explore the possibility of filing a review plea in the Supreme Court for a fresh probe against Kurien, who according to the victim, had raped her at the Kumily guest house on February 9, 1996.

Kurien has maintained that he had been cleared of the charges by the apex court.

 

PTI

Man given seven-yr RI for abduction, rape of minor

Man who has abducted and raped a minor girl in 2007, the family of the 25-year-old accused Santosh Bhausaheb Pawar had immediately sprung into damage control mode.

In exchange for withdrawing the case, the victim was given the offer of marrying the same man who raped her. He had also offered to transfer three acres of land he owned in her name. However, the victim’s refusal to budge has landed Pawar in jail for seven years.

Principal District and Sessions Judge A I S Cheema found Pawar guilty of abducting and raping the 15-year-old girl and keeping her captive in a farm for three days after the act. Judge Cheema on Tuesday sentenced Pawar to seven years of rigorous imprisonment and directed him to pay a fine of Rs 25,000.

Both Pawar and the girl are residents of Bhambarde village of Shirur taluka and knew each other. On April 3, 2007 the victim and her friend had ventured into the village where they met Pawar. When they were returning home a few hours later, the victim’s uncle Dyaneshwar Mhaske had spotted the girls and offered to drop them home on his motorbike.

While her friend agreed, the victim refused her uncle’s offer. Meanwhile, Pawar also arrived at the spot on his motorbike and offered a lift to the victim and she agreed.

However, instead of dropping her home, Pawar took her to the Chaskaman canal and raped her in one of the cement pipes lying at the bank. He then forcibly took her to a nearby farm and confined her there, threatening to hurt her and her family members if she protested.

For three days the victim was held at the farm, with Pawar making frequent visits to the place before she found her way home on April 6. Her family had meanwhile lodged a missing person’s complaint and after her father Bhausaheb Shivram Mhaske learnt of the rape, filed a complaint of rape, abduction, wrongful confinement and criminal intimidation.

“The accused had alleged that the girl had consented to the act, but as she was below 16 years of age, he is liable to be imprisoned after being found guilty,” according to the Additional Public Prosecutor Hira Bari.

“That the family of the accused made an offer of marriage and land reflects a guilty conscience and an attempt to tamper with evidence. This was accepted as a valid argument by the court,” added Bari who had examined eight witnesses during the trial.

Ex-Punjab minister Bibi Jagir Kaur gets bail

By the Punjab and Haryana High court Former Punjab minister Bibi Jagir Kaur has got  granted bail  about seven months after her conviction in a case for conspiring in forcible abduction, kidnapping and wrongful confinement in connection with the killing of her daughter.

Handing down the orders, a division bench of the court comprising Justice AK Mittal and Justice GS Sandhawalia directed Kaur to seek the court’s permission before going abroad, Kaur’s counsel RS Cheema said.

Kaur, a former president of Shiromani Gurdwara Prabhandak Committee (SGPC), was awarded five years imprisonment and also fined Rs 5,000 by the special CBI court of Patiala in March this year.

A day after her conviction she resigned as minister. She is presently lodged in Kapurthala jail.

In this case, three others Dalwinder Kaur Dhesi, Paramjit Singh Raipur and Nishan Singh were also convicted by the Patiala court under section 120-B (Criminal Conspiracy). The three were fined Rs 5,000 each.

Another accused Satya Devi was acquitted of all charges while another accused Sanjiv Kumar died during the trial. Harpreet had died under mysterious circumstanced during the intervening night of April 20 and 21, 2000 en route from Phagwara to Ludhiana’s Christian Medical College and Hospital.

Citing that there was “no foul play” and Harpreet Kaur’s death was natural due to fever, vomiting and severe dehydration, her post-mortem was not conducted and she was cremated in a hurried manner on April 21 at the Bibi’s home village Begowal (Kapurthala) 12 years ago.

A few days after Harpreet’s death, Kamaljit Singh, a resident of Begowal claimed that he was her husband and father of Harpreet’s stillborn child. On April 27, 2000, Kamaljit approached the Punjab and Haryana high court. On June 9, 2000, the HC directed the CBI to conduct an inquiry into the matter.

However, the CBI court had acquitted Kaur and other accused Dhesi, Raipur and Sub Inspector Nishan Singh of charge under 302 IPC (murder).

By PTI