Court examines witness in gang rape case during 2013 riots

A Fast Track court here, holding the trial in a gang rape committed during the 2013 riots in the district, on Friday examined a prosecution witness in the case.

Additional Sessions Judge Ankur Sharma examined witness Naseem who supported the prosecution version in the case.

After examining the witness, the court fixed December 5 for the deposition by two remaining witnesses in the case.

The court has already recorded the deposition by three other witnesses, including the gang rape victim, who had allegedly been raped by three men on September 8, 2013 amid the communal riots in the district.

During her deposition earlier, the prosecutrix had reiterated her allegation that she was raped by three men Kuldeep, Maheshvar and Sikander at gun point in a sugarcane field in her village, where she had hidden herself to escape from rioters.

She had also deposed that she was threatened with the dire consequences by the trio.

Cannot turn blind eye to gruesome crime against women: Delhi Court

Cannot turn blind eye to gruesome crime against women: Delhi Court
Cannot turn blind eye to gruesome crime against women: Delhi Court

Courts cannot turn a blind eye to gruesome crimes against women which require exemplary punishment, a Delhi court has held while sentencing six persons to upto 12 years for gang raping a woman in a Gramin Sewa vehicle nearly four years back.

The court observed that a young unmarried woman will not put her reputation in peril by alleging falsely about forcible sexual assault.

“The increasing trend of crimes against women can be arrested only once society realises that any form of deviance against women would not be tolerated and more so in extreme cases of brutality such as the present one.

“Hence the criminal justice system must instill confidence in the minds of people, especially women,” Additional Sessions Judge Sanjiv Jain said in a 55-page order.

“These are the times when gruesome crimes against women have become rampant and courts cannot turn a blind eye to the need to send a strong deterrent message to the perpetrators of such crimes. Such offences require exemplary punishment,” the court said.

It handed down 12 years jail term to 31-year-old Vicky for the offences of gangrape, kidnapping and unnatural offences and sent five other convicts, including a Gramin Sewa driver, to 10 years in jail for gangraping the victim.

According to the prosecution, a complaint was lodged on May 19, 2012 that the woman was raped by six persons in a vehicle near Kalindi Kunj in south-east Delhi.

The court said that the role of a judge is to cull out true facts from the evidence led before him and “ensure that guilty does not go scotfree and innocent’s life and liberty is not jeopardised.”

It relied on victim’s testimony and rejected contention of defence counsel that there were contradictions in her evidence saying, “A person with so much trauma cannot be expected to remember every scene and depose in a parrot-like manner.”

Opposing any leniency towards the convicts, Prosecutor Mohd Iqrar had argued that the offences committed by them were serious and they deserved stringent punishment.

The police said accused Vicky, Lucky, Yasin and Satyajeet had abducted the woman and took her to an isolated place where these four along with Uma Shanker and Amit gangraped her.

Vicky also committed unnatural sex with her and threatened to kill her, it said.

All the accused had denied the allegations and claimed they were falsely implicated.

“The important thing that the court has to bear in mind is that what is lost by a rape victim is face. The victim loses value as a person. Ours is a conservative society, therefore, a woman and more so a young unmarried woman will not put her reputation in peril by alleging falsely about forcible sexual assault,” it said. .

( Source – PTI )

Uber cab rapist reminded victim of Dec 16 gangrape: Court

Uber cab rapist reminded victim of Dec 16 gangrape: Court
Uber cab rapist reminded victim of Dec 16 gangrape: Court

The victim of the Uber cab rape case was reminded of the horrific December 16, 2012 gangrape incident after the driver of the US-based service provider had threatened to insert an iron rod in her body and also tried to strangulate her while committing the act, a Delhi courtsaid.

The court held that threat perception was very much real in the mind of the 25-year-old victim when convict driver Shiv Kumar Yadav, 32, had intimated and threatened her that too at an isolated spot in the late hours of December 5, 2014 night. The special fast track court set up to deal with cases of sexual offences against women said Yadav had endangered her life by forcefully pressing her neck while raping her.

“It must be borne in mind that when accused threatened the victim by saying that he will insert ‘saria’ (iron rod) inside her body, she was reminded of gangrape case of December 16, 2012 and thus the threat perception was very much real in her mind at that point of time and offence under section 506 IPC thus stands duly proved against the accused,” Additional Sessions Judge Kaveri Baweja said in the 99-page judgment.

“In view of the aforesaid evidence, there is thus no room for doubt that accused, by forcefully pressing the neck of the prosecutrix while committing rape upon her in the aforesaid manner, endangered her life and thereby committed offence punishable under section 376(2)(m) of IPC,” the court said.

It rejected the contention of Yadav’s counsel, Dharmendra Kumar Mishra, that the offence of criminal intimidation cannot be made out against the driver as he had not shown any rod to the victim while extending this threat.

While holding him guilty of offences, the court relied on the victim’s testimony saying she was a “reliable and truthful witness” and despite lengthy cross-examination, her deposition remained “unimpeached”. The court observed that allegations against Yadav that he had attempted to commit unnatural sex with the victim was duly proved by the DNA and other scientific reports.

“To my mind the testimony of the prosecutrix that accused forcibly committed sexual intercourse with her and even attempted to do unnatural sex with her is completely fortified by the scientific evidence by way of DNA examination report,” the judge said.

The court has convicted Yadav for offences under sections 376(2)(m)(while committing rape causes grievous bodily harm or disfigures or endangers life of a woman), 366 (abducting with an intent to compel her for marriage), 506 (criminal intimidation) and 323 (causing hurt) of the IPC. The court would hear on November 3 arguments on quantum of sentence in the case.

The court said that DNA profiling report proved that the driver’s semen was found in the victim’s clothes and private part, noting that the accused had refused to give his sample at the time of his medical examination.

While convicting the driver of charge of abduction, the judge said it was established on record that he took her to an isolated spot instead of her destination Inderlok when she had dosed off while sitting on the rear seat of his cab.

“It stands proved that accused took her to the isolated spot that is the place of incident in order to sexually assault her and thus thereby committed offence punishable under section 366 IPC,” the court said.

“To my mind, the testimony of the prosecutrix to the effect that she was given beating by the accused and that he caused injuries on various parts of her body by scratching is credible, trustworthy and sufficient to conclude commission of offence punishable under section 323 IPC by the accused,” the judge said, adding it stands proved that Yadav had overpowered the woman and confined her in a cramped space i.e the rear seat of the cab.

The court refused to agree with the defence counsel that the injuries on the woman’s body were either self-inflicted or fabricated by her during the intervening period between her two medical examinations. The court also rejected the contention of defence counsel that the second doctor, who examined the victim and mentioned scratch marks on her neck, made improvement or manipulation in the medical reports.

“There is no reason to hold that scratch marks could not have been caused during the process of strangulation or that neck of a person can only be pressed without the use of nails and no scratch marks can be caused while doing so,” it said.

“From the testimony of prosecutrix, it stands proved that accused had overpowered her and confined her in a cramped space i.e the rear seat of the cab,” it said.

 

( Source – PTI )

20 years’ imprisonment for three in rape case

20 years' imprisonment for three in rape case
20 years’ imprisonment for three in rape case

The Punjab court of Additional District and Sessions Judge Virinder Aggarwal today sentenced the three accused in last year’s gang-rape case of a minor Dalit girl of Gandhar village to 20 years imprisonment.

The judge also imposed a fine of Rs 80,000 each on the accused that has to be given to the victim’s family.The case against three persons — Baljeet Singh, Gurlal Singh and Manpreet Singh — of the same village was registered on January 25 last year at Lakhewali police station under Section 376, 511 and 366-A of the IPC after the victim had narrated her plight to the Deputy Commissioner, Muktsar.The girl had alleged she was abducted by the trio while she was going to school on January 24 last year and taken to Baljeet Singh’s house, where they sexually assaulted her.

Though the case was registered and two accused were arrested initially, the third accused — Gurlal Singh — was arrested after nearly five months of the registration of the case and that too after protests by farmer organisations.

Man gets 10 yrs’ RI for kidnapping, raping minor girl

vvvThe Bombay High Court has confirmed a lower court order awarding 10-year rigorous imprisonment to a man for kidnapping a 13-year-old girl from Mumbai and raping her along with his accomplice here and also in Surat in 2008.

“As far as section 376 of IPC (rape) is concerned, the evidence of the prosecutrix (victim), by itself, is sufficient and needs no corroboration,” said Justice Revati Mohite-Dhere who dismissed the appeal filed by the convict, Sachin Mishra.

“The prosecutrix has categorically deposed the manner in which she was subjected to sexual assault at a hotel in Mumbai and later in Surat by the appellant. There is nothing in the evidence to show even remotely, that at any point of time, the prosecutrix had consented or had gone on her own accord or will,” the Judge said in her June 16 judgement.

“Even otherwise, the consent of the prosecutrix would be immaterial, considering the fact that she was a minor at the relevant time, as is evident from evidence that has come on record. Considering the evidence of the prosecutrix and the medical evidence, the appellant has rightly been convicted for the offence under section 376 of IPC,” the Judge observed.

Although Mishra was arrested, tried and convicted by a sessions court in Mumbai, the other accused, Karan, absconded after committing the crime and is still not traceable. Mishra is currently lodged in Nasik central prison.

The victim said she used to go to a hotel every day to buy bread for her family. On the day of the incident on July 27, 2008, when she was returning home, both the accused pushed her into the kitchen of the hotel (where they worked) and bolted the door from inside before gang raping her.

The victim was threatened not to make any noise or else she would be killed. Later, she was taken to Haji Ali Durgah and from there to Surat by train. In Surat, she stayed for some time in a house with Mishra while Karan ran away.

One day she called her father who came from Mumbai along with relatives to pick her up. Later, she lodged police complaint.

While Mishra was arrested and tried Karan still remains untraced.

Upholding the punishment, the court noted, “a perusal of the testimony of the prosecutrix shows that she is a truthful witness who was subjected to sexual assault and that the applicant had taken advantage of her young age and vulnerability”.

(Source: PTI)

Bombay High Court acquits teacher of rape charges

Maharashtra: A science teacher has been acquitted by the Bombay High court here for the charges of  raping a student at his house on the ground that the prosecution had failed to establish the guilt of the accused beyond reasonable doubt.

Accordingly, the court set aside the 10-year jail term imposed by a sessions court on 28-year-old Dharmaraj Ganpatil, a teacher in a school in Ratnagiri area of Maharashtra. Hearing an appeal filed by the convict, Justice Sadhana Jadhav recently ordered Ganpatil’s release from Kolhapur jail where he is currently lodged.

According to prosecution, the teacher used to coach the victim studying in 10th standard at his house and one day he expressed his love for her. She refused his offer, saying it was not befitting him. The victim did not inform her family but continued to visit the teacher’s home for tuitions.

The teacher repeated his offers of love but she refused. He even threatened her that her marks would be cut if she did not relent. One day he forced the victim to a room and ravished her. Thereafter he repeatedly molested her, according to the prosecution.

The girl conceived and her parents took her to a doctor who examined her and found that she was eight months pregnant. Finally, in 1996, she delivered a baby who eventually died two weeks after birth.

It is the case of the prosecution that the prosecutrix (victim) or her parents had not approached the police station. However, an anonymous letter was received by police on the basis of which her statement was recorded on August 4, 1996.

She had disclosed in her statement that she had no intention to lodge a report against the accused, Dharmaraj Ganpatil. She further stated that someone had written an anonymous letter to police only to tarnish the image of her family and herself.

She had further stated that she does not wish to prosecute the matter or lodge a formal complaint to the police as she does not feel it necessary to do so. She admitted in her statement that she was responsible for the said incident and that she intended to lead a peaceful life in future.

The victim was a bright student and always stood first or second in class. She used to regularly go to the teacher’s house for studies even after the incident. “It is clear that the prosecutrix was passing through an adolescent stage and she must have been infatuated by the teacher. The very fact that she was a meritorious student she had no reason to worry about the danger of the teacher’s threat of being given less marks,” the judge observed.

“In any case, it would be incumbent upon prosecution to establish that the appellant had ravished her sometime in October 1995. There is no medical evidence. There was no DNA test and more important fact is that the proseutrix had stated that she had no allegation against the appellant as she holds herself responsible for the incident,” the judge remarked.

The Court noted that the victim had scribbled the name of the accused on a piece of paper when her mother asked about the person who was the father of the child born to her. The Court also noted that the victim was between 17 and 19 years of age according to medical reports, while the definition of rape in IPC says that a man can be accused of rape when he has sexual intercourse with a woman with or without her consent who is under 16 years of age.

“The Radiological examination cannot be faulted which says that she may be above 17 years and below 19. There is a margin of two years on either side. Although according to the prosecution it is a case of statutory rape and the appellant is said to have taken undue advantage of his position, the fact that the prosecutrix has taken the entire blame upon herself may speak volumes for itself,” the Judge noted.

There was no complaint against the appellant by anybody and hence it can be inferred that the prosecution has failed to establish the guilt of the accused beyond reasonable doubt. In this case, the anonymous letter is not on record nor it was filed along with the chargesheet, the Judge mentioned.

Moreover, the paper on which the prosecutrix had scribbled the name of the appellant is also not placed on record and therefore except the deposition of the prosecutrix that she was ravished against her will, nothing is on record.

The appellant would therefore be entitled to the benefit of margin in respect of statutory rape, the Judge held.

Jail official to explain how rape accused was injured

Today here in Delhi the Tihar Jail Superintendent has been directed by the Delhi court to appear before it tomorrow to reply to an allegation by one of the December 16 gang rape accused that he was badly beaten up by prison inmates last night.

Accused Vinay Sharma, who came into the court of Additional Sessions Judge Yogesh Khanna with a fractured hand, pleaded that he should not be sent back to Tihar Jail.

“Mujhe yahi marwa do par Tihar jail mat bhejo, waha boht darr lagta hai. Mey yahi se kud jauga par Tihar nahi jauga (You can get me killed here but don’t send me to Tihar Jail, I feel afraid there. I will jump from here but will not go to Tihar), Vinay’s counsel A P Singh told the court on behalf of his client.

Taking note of the condition of the accused, the court directed that further “security and safety of all the four accused should be ensured by the jail officials”.

It sought reply from the superintendent of Jail number 7 and directed him to personally appear before it tomorrow.

“In view of the above, it is directed that medical examination of accused including X-ray should be done and brought to the court tomorrow also,” the court mentioned.

The judge, who was concerned about the safety of the accused, mentioned in his order that earlier also he had directed the jail authorities to ensure security and safety of the accused after the main accused Ram Singh had allegedly committed suicide in his cell in the jail on March 11.

The court while referring to the medical report of G B Pant Hospital here observed that Vinay’s elbow was fractured “due to a fall”.

Transport dept yet to share info, cops tell court

The official also submitted that the concerned officials shall be interrogated for ascertaining their roles in issuance of driving licence to Dinesh Yadav, the owner of the bus who has already been arrested, and registration of buses in his name.

Inquiry into allegations that the Delhi gang-rape incident had occurred due to “corrupt” activities in the state transport department, which allowed the bus to ply illegally, is pending for want of information from the department, Delhi Police today told a court here.

Appearing before Special Judge Narottam Kaushal, ACP Crime Branch Suresh Kaushik said, “The enquiry into the matter is pending for want of information from Transport Department.

“Reply is still awaited in response to the notice issued to officials of the Transport Department for providing names and details of officials posted at the relevant time (when the bus in which gang-rape was committed was given licence illegally),” he told the court.

The official also submitted that the concerned officials shall be interrogated for ascertaining their roles in issuance of driving licence to Dinesh Yadav, the owner of the bus who has already been arrested, and registration of buses in his name.

The court granted time till May 18 to file a report on its enquiry while expressing disappointment for such delay.

The case pertains to a complaint filed by RTI activist Vivek Garg seeking directions to the Crime Branch of the Delhi Police to register an FIR against the Transport Minister, the Transport Commissioner and others for allegedly committing offences of corruption, cheating, criminal breach of trust and criminal conspiracy.

Garg’s counsel Ajay Goel accused them of unlawfully allowing the bus, in which the 23-year-old paramedical student was gang-raped and tortured on December 16, to run without permit and of issuing a false fitness certificate and driving licence on fake documents.

Swiss woman gangrape: Cops to rely more on forensic evidence

In order to prove the charges against the accused in the March 15 Swiss woman gang-rape case, police said they would count more on the scientific evidence than traditional methods like identification parade.
The trial in the gang-rape case will begin on Saturday in the court of Special Additional District Judge (ADJ), Jitendra Kumar Sharma.

“We will rely more on scientific evidence like DNA finger-printing, samples of hair and vaginal swab collected and examined in the case to nail the culprits in the court of law,” according to the Deputy Inspector General (DIG) Chambal Range D K Arya.

Police were unable to conduct the test identification parade (TIP) of the accused as the victim was of the opinion that it was not possible to recognise them as the incident had taken place in the dark, according to the police sources.

“However, this would not weaken our case as we have also seized the victim’s laptop, laptop-charger and mobile phone from the six arrested accused in this case and all these things were recognised by her (victim’s) partner,” Arya said, adding that all these things would act as a strong evidence to nail the accused in the case.

The arrested accused were identified as Baba, Bhutha, Rampro, Gaza alias Brajesh, Vishnu Kanjar and Nitin Kanjar, according to the police.

Except Nitin and Vishnu Kanjar, all others have been charged with gang-rape.

The investigation officer, N S Rawat in-charge of women’s cell, has filed a hundred page chargesheet on March 26 against the accused under various sections of gang-rape and robbery.

Like other rape cases, the trial in this case too is likely to be held in a fast-track manner, the DIG said.

 

 

PTI

Delhi gangrape: Singapore doctor deposes as witness

Today in Delhi High court a testified as prosecution witness through video conferencing of December 16 Gang rape victim, will be submitted by the doctor (who had conducted the post mortem examination) of  Singapore hospital

Additional Sessions Judge Yogesh Khanna, who is heading the fast track court set up to try cases of sexual offences, recorded the statement of Dr Paul Chui, Senior Consultant (forensic pathology) at Mount Elizabeth Hospital in Singapore.

Chui’s examination concluded after he was crossexamined by the counsel appearing for five accused.

The court, which is hearing in-camera proceedings in the case on day-to-day basis, has fixed tomorrow for recording of evidence of another doctor who had treated the girl at the Singapore hospital.

The victim was airlifted to Mount Elizabeth Hospital on December 27, 2012 for further treatment on the advice of a team of doctors from Safdarjung hospital here after 10 days of the incident.

The girl, however, had died on December 29, 2012 in the hospital as a result of the grievous injuries she had suffered when she was sexually assaulted by six people, one of whom has been declared as a juvenile and is facing trial before the Juvenile Justice Board.

The five adult accused who are facing trial in the case are bus driver Ram Singh and his brother Mukesh, Pawan Gupta, Vinay Sharma and Akshay Singh.

The details of the proceedings cannot be reported by the media as the court has imposed a ban on it under the law.