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[Cites 4, Cited by 0]

Delhi District Court

State vs Mohd. Nahal on 10 April, 2015

            IN THE COURT OF SH. PAWAN KUMAR MATTO: ASJ­01 (WEST)
                       TIS HAZARI COURTS:DELHI 

SC NO. 220/14
FIR NO. 662/14
P.S. Ranhola
U/S  363/ 376/34  of IPC and Section 6 of POCSO Act

State                                           Versus                   Mohd.   Nahal

                                                     ORDER ON CHARGE 

10.04.2015
1.

Brief facts of the case are that the FIR has been registered U/S 363/376/34 IPC and Section 6 of POCSO Act against the accused.

2. When the matter was fixed for consideration on charge, I have heard the Ld. counsel for the accused and Ld. Addl. P P for the State on the point of charge.

3. Ld. counsel for the accused has submitted that the accused Mohd.

Nahal has not raped to the prosecutrix and the prosecutrix has been raped by accused Naim, who is Juvenile in Conflict with Law ( JICL) and he is facing trial for the said offences before the Juvenile Justice Board. He has also submitted that at the most the offence U/S 363 of IPC is made out against the accused Mohd. Nahal. So, the charges for raping to the prosecutrix cannot be framed against the accused Mohd. Nahal.

4. On the other hand, ld. APP for the state has submitted that accused SC No. 220/14 FIR No. 662/14 P S Ranhola S/V Mohd. Nahal page No. 1 of 3 Naim ( JICL) and the accused Mohd. Nahal were having common intention to commit the offences and they have kidnapped forcefully to the prosecutrix and when she was going to her school , they took her in the bushes near the Nala and when she was resisting to the acts of the accused, she was slapped by both the accused and when she was taken on the place of occurrence, the accused Naim removed her clothes and tied her hands and raped her and when she was being raped by accused Naim, the accused Mohd. Nahal was watching and thus facilitated to the accused Naim in raping to the prosecutrix and when the prosecutrix cried, the crying of the prosecutrix attracted many people including her uncle, who assisted her in wearing the clothes and also submitted that both the accused were having common intention to kidnap, beat and rape, so, both the accused formed a gang to rape the prosecutrix, who is minor girl of 14 years of age, so, accused Mohd. Nahal is liable to be charged U/S 363 of IPC and Section 6 of POCSO Act and in alternate U/S 376­D of IPC .

5. I have given thoughtful consideration to the submissions made by the Ld. counsels for the parties and perused the record.

6. From the perusal of the statement of the prosecutrix, it is clear that the prosecutrix is about 14 years of age and the accused Naim ( JICL) and accused Mohd. Nahal were having common intention to kidnap to the prosecutrix when she was on the way to the school and they kidnapped and took her in the bushes near the Nala and when the prosecutrix resisted to the acts of the accused , she was slapped by both the accused and when she was taken in the bushes near the Nala, the accused Naim ( JICL) removed her clothes, tied her hands and raped SC No. 220/14 FIR No. 662/14 P S Ranhola S/V Mohd. Nahal page No. 2 of 3 her and accused Mohd. Nahal was watching and thus facilitated to the accused Naim in commission of the crime against the minor prosecutrix and thus prima­ facie both appear to have common intention to kidnap to the proseuctrix and to rape her and they formed gang to rape to the prosecutrix. Even, if the accused Mohd. Nahal has not committed rape of the prosecutrix but as he was having common intention to rape the prosecutrix, he being member of the gang can be charged for the offence of gang rape punishable U/s 6 of POCSO Act and in alternate charge U/S 376­D of IPC is also liable to the framed against the accused and since both the accused have kidnapped to the prosecutrix and she was subjected to gang rape by the accused Naim, so, the charges U/S 363/34 of IPC and Section 6 of POCSO Act r/w Section 34 of IPC and in alternate U/s 376­ D of IPC r/w section 34 of IPC are liable to be framed against the accused. 

Announced in the open court                                                                   (Pawan Kumar Matto)
on 10th day of April, 2015                                                      Additional Session Judge­01(West)
                                                                                      Tis Hazari Courts, Delhi
      




SC No. 220/14            FIR No.  662/14                 P S   Ranhola                S/V   Mohd. Nahal           page No. 3  of  3