Girl’s death: Delhi Police asked to probe

Delhi: Delhi Police Commissioner has been directed by a local court here to get its specialised wing to investigate a possible “honour killing” angle in the death of a minor girl, who had married a youth from another religion without the consent of her parents

Additional Sessions Judge Kamini Lau gave the directions for further probe in the case while acquitting the youth of the charges of rape and murder. The court, however, held him guilty of kidnapping his wife, who was 16-and-a-half-year-old.

It also asked police to submit its report before a chief metropolitan magistrate within three months.

“Further investigations would be required to be conducted on the issue of unnatural death of the girl particularly on the aspect of honour killing of the deceased and on the role of her parental family in the same.

“However, since the local police appears to have already made up their mind and given a clean chit to the family of the deceased despite voluminous material pointing a finger towards them, it would be desirable that the Commissioner of Police, Delhi personally intervenes in this regard and, in order to ensure that justice is done to the young girl, get the further investigations conducted through its specialised wings i.E. Homicidal Wing (Crime Branch) or any other wing sensitised for handling such investigations,” according to the court.

According to the police, the Badli resident had kidnapped the girl, with whom he was in love, in September 2010 and after physical relations with her, he married her.

In March 2011, after giving her poison, the youth had left the girl at her parents house and when her condition deteriorated, she was shifted by her family to a hospital where she had died, according to it.

During the trial, the youth told the court the girl was a consenting party and had voluntarily eloped with him after which they married and started happily residing at his house.

He had also said that the girl’s parents were against their inter-religion marriage and “it is her parents who had killed his wife only to take revenge and to save their honour in the society”.

Gangrape case: Delhi HC allows plea to use CD as evidence

The plea of Delhi gangrape accused has been allowed by the Delhi High court who have gangraped a 23 year old girl in December 16.

In this plea an evidence which was as a CD containing  the interview of the victim’s male friend given to a news channel has been presented

Justice G P Mittal allowed the plea of accused Ram Singh and his brother Mukesh and set aside the trial court’s order by which they were not allowed to exhibit the CD of the interview telecast on January 4, as a piece of evidence.

Justice Mittal directed the trial court to “permit the accused to use the CD as evidence”.

The gangrape accused, in their plea, had challenged the trial court order which did not allow them to “exhibit, place on record and to play the impugned CD” on the ground that this was not an admissible piece of evidence.

The high court had reserved its verdict in the case on March 5.

Earlier, the Delhi Police had opposed the accused’ plea, saying the media interview of a witness is inadmissible evidence under the law.

The police had objected to the plea of the accused to use the CD as an evidence on the ground that it has been prepared in violation of a CrPC provision that restrains media coverage of the trial and inquiry proceedings related to a rape case.

On December 16 last, the 23-year-old victim was brutally gangraped and assaulted in a moving bus in south Delhi. She died in a Singapore hospital on December 29.

Besides bus driver Ram Singh and his brother Mukesh, the three other adult accused facing trial in the case are Pawan Gupta, Vinay Sharma and Akshay Singh. The sixth accused, who has been declared as a juvenile, is facing trial before the Juvenile Justice Board.

The trial court had on February 2 framed charges against the five accused under various sections of the IPC for offences which include gangrape, murder, attempt to murder, unnatural offences, dacoity, conspiracy and kidnapping.

The trial court is hearing in-camera proceedings in the case on a day-to-day basis and has imposed a ban under the law on the media from reporting the same.

Brothers arrested for raping minor sent to JC

A youth and his cousin have been remanded in judicial custody for 14 days who were arrested for allegedly raping a 17-year-old girl since December 2011 after befriending her on a social networking site.

Metropolitan Magistrate Gaurav Rao sent 24-year-old Rajesh Singh and his cousin Naveen Singh, 22, arrested on the night of December 31, 2012 by Delhi police to Tihar jail under judicial custody till January 15.

“Both the accused are remanded to 14 days judicial custody. Accused be produced on January 15,” according to the court, while sending the two to Tihar jail on Tuesday.

The police had sought their judicial custody for 14 days saying the investigation in the case is yet to be completed.

“It is, therefore, requested that accused persons may kindly be remanded to 14 days judicial remand, for completion of investigation in the same case,” the police had added.

The agency had told the court that the girl had met Rajesh through a social networking site at the end of 2011 and they were in a relationship till July 2012 when they broke up.

Rajesh’s cousin Naveen, however, befriended the girl to restore their friendship but himself fell in love with her, the police said adding the two entered into a relationship.

However, after Rajesh found about their relationship, Naveen broke up with the girl and she went into depression and on December 31, 2012 she lodged an FIR accusing them of raping her since December 2011, the police told the court.

While Naveen is a computer engineer with an IT company, Rajesh works in the human resources department of a blue-chip technical and consultation multinational firm.

The two have been booked under sections 376 (rape), 509 (making gestures with an intent to insult a woman), 34 (common intention) of the IPC and under the Protection of Children from Sexual Offences Act, 2012.

Delhi gangrape: Court upholds ban on reporting by media

In Delhi a court upheld a magisterial court order for in camera proceedings in the case of December 16 gang rape of 23-year-old girl and restraining media from reporting it.

District and Sessions Judge R K Gauba said there was nothing “illegal” or “improper” in the January 7 order of the magistrate.

According to the judge, “The Metropolitan Magistrate was not only within her rights, rather duty-bound to apply the provisions of section 327 (2) (conducting in camera proceedings in cases of rape and related offences) of the CrPC to the proceedings of the case.”

He has also mentioned, “The fact that a large crowd had entered her court room leaving no space for even the undertrial prisoners to be brought in only added to the circumstances leading to passing of the order.”

On January 7, a magistrate had restrained the media from reporting and publishing the proceedings of the case in the court noting that the courtroom was jam-packed with members of the bar and general public who were unconnected with the case and not prepared to leave it due to which the accused could not be produced before her.

The sessions court said as per section 327(2) CrPC, it is mandatory for the presiding officer to hold the proceedings in camera in cases of rape and related offences.

Noting that the arguments of the petitioner advocates that the case is still at the stage of committal and not trial, the judge observed, “Eventually the trial court would also be required to regulate proceedings in terms of section 327 of the CrPC.”

During the arguments, Public Prosecutor Rajiv Mohan opposed the plea saying the relief sought in the petition is against the provisions of the CrPC and hence it is liable to be dismissed with cost.

The magistrate’s order was challenged by advocates D K Mishra and Poonam Kaushik, seeking setting aside of the decision for in camera hearing and had alleged that the court room was crowded because of the presence of large number of policemen.

In their application moved on behalf of “the concerned lawyers and the citizens of the country,” the advocates had said, “Passing the order, the metropolitan magistrate has cast a number of apprehensions and allegations on lawyers and mediapersons assembled there, being the representatives of nation who have been hurt. “The whole nation is interested in knowing the proceedings of the case. In camera trial cannot be done at the stage of pre-trial. It could have been done after case is committed to sessions court.”

The police had earlier filed an application for in camera proceedings in the case before the magistrate under section 327 (2) and (3) of the CrPC. Delhi police had also issued an advisory on January 5, saying the proceedings in the case cannot be reported as the court has already taken cognisance of the charge sheet. The magisterial court on January 5 had taken cognisance of the chargesheet against the five adult accused under sections 302 (murder), 307 (attempt to murder), 376 (2)(g) (gangrape), 377 (unnatural offences), 395 (dacoity), 396 (murder in dacoity), 201 (destruction of evidence), 394 (hurting in dacoity), 120-B (conspiracy), 34(common intention) and 412 (dishonestly receiving stolen property) of the IPC. The case of the sixth accused – a minor – is being heard by a Juvenile Justice Board.

The victim, a paramedical student, was brutally raped and assaulted in a moving bus here on the night of December 16 and died of her injuries on December 29 in multi-speciality Mount Elizabeth Hospital in Singapore.

Rapists carried on with normal work after the crime: Police

Delhi Police Commissioner Neeraj Kumar at a news conference gave the details on the ongoing probe which have done by six men with a 23 year old Para-Medical student in a running bus.

On Sunday the six men, who allegedly gang-raped a young girl in a moving bus, were apparently so confident they will not be caught that the assailants carried on with their routine chores the next day while one brought back the vehicle to his house. But luck ran out for the men within 24 hours as police, who were aided by the description provided by the victims about the vehicle, zeroed in on them and even arresting one from Rajasthan where he was in hiding.

On Sunday night just before raping the 23-year-old Para-medical student in a moving bus and beating her male friend who tried to protect her, the gang of six men, two of them still absconding, looted a carpenter by providing him a lift in the bus.

The arrested have been identified as driver Ram Singh, his brother Mukesh, Pawan, a fruit seller, and Vinay, an assistant instructor in a gymnasium. Two persons Akshay Thakur and Raju are still on the run.

“Pawan and Vinay went back to their normal vocations and pretended nothing happened while Ram Singh and Akshay took the bus to Noida in the early hours of Monday to avoid being caught.

According to Kumar, “But later Ram Singh thought nothing would happen and brought the vehicle back to R K Puram where it was detected on secret information and while all similar vehicles were being checked.”

Just before heading for a joyride, he said, they had a party. Ram Singh and his helper Akshay had cooked chicken and had a small party along with his younger brother Mukesh, also a driver-cum-cleaner and staying in the same neighbourhood.

According to Chhaya Sharma, Deputy Commissioner of Police (South Delhi) “They decided to go for a joy ride and have fun while picking some extra bucks from giving lift to people so that more drinks can be bought.”

Akshay then took out the vehicle and Vinay and Pawan joined them for the ride. But when they finally left, Mukesh was at the wheel.

Chhaya Sharma also said, “They called out to collect passengers at the bus stop at Munirka and the couple boarded it at around 9.15 pm.  After the incident, they dispersed and Raju, Mukesh and Akshay tried to destroy the evidence of the incident.”

Kumar said Investigators said the male friend of the rape victim gave them “helpful” description about the bus. “He told us it was a white colour bus and it had curtains. Also he told us that the name ‘Yadav’ was written on it”

It all started when the victim’s friend objected to the six men passing lewd comments at the girl.

“The gang asked what was the couple doing in the night and why they were travelling in the night. The male friend asked him why were they bothered and asked them to mind their business. Then they picked up a fight and the boy was hit on his head. The girl also fought with them to save her friend but was hit.

“Then they were enraged and dragged the girl to backseat where they sexually assaulted her,” according to him.

After assaulting them and dumping them, Ram Singh took to the wheels and then dropped the other five at their houses before parking the vehicle at his owner’s place in Noida.

The next day, he drove the bus back to R K Puram but landed in police net as investigators were waiting for him after tracking the bus. “The bus was cleaned. But we have got enough forensic evidences like nail scratchings, DNA, hair and lot of things” According to Kumar.