Special Fast Track Court, Dwarka: In yet another horrendous tale of gang rape, infamously known as the “Dhaula Kuan gang rape case” wherein a BPO employee was abducted and gang raped by five men, all five accused persons were convicted for rape, abduction and criminal intimidation. Giving a detailed judgment, the Court held that the scrutiny of the evidence lead by the parties clearly demonstrates that the prosecution has succeeded in proving all the charges set against them. It was said that though the witnesses were subjected to extensive cross examination, nothing contrary could be noted therein. Their deposition being in sync corroborated with each others versions, hence leading to the conclusion that the victim was abducted in a Pick Up vehicle by these five persons and was gang raped by them.
In the instant case a girl who was working with a BPO was returning home from work along with her friend when she was abducted at gun point by five men on the intervening night of 23-11-2010 and 24-11-2010. She was molested by one of the accused at gun point, inside the moving vehicle on its way towards Dhaula Kuan, and was again raped by all five accused at Mongolpuri where the vehicle stopped at a secluded spot. They then dumped her near industrial area, Mangolpuri and fled away. It is pertinent to mention here that the accused persons took the defence that they had been falsely implicated and that they were not the assailants who had abducted and raped the victim. Moreover, three out of five accused did not take part in the Test Identification Parade (TIP) and took a plea of alibi.
Rejecting their defence and convicting all five men on charges of abduction, criminal intimidation and rape, the Court held that the victim was with the accused persons for about an hour and had sufficient time to see their faces and note their features. It was evident that they deliberately did not take part in TIP to avoid being identified by her. Drawing an adverse inference against them for such conduct, it was said that the evidence on record establishes beyond doubt that the victim had identified two of the accused correctly during TIP which leads to the conclusion that those two accused along with their associates had abducted and gangraped the victim. It is also important to mention here that one of the accused has been acquitted of the charges u/S. 25 Arms Act. State v. Usman, SC No.22/13, decided on 14-10-2014
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