Delhi District Court
State vs I) Pradeep Singh @ Mintoo on 16 July, 2011
IN THE COURT OF DR. SUDHIR KUMAR JAIN; ADDITIONAL
SESSIONS JUDGE01 (OUTER), ROHINI, DELHI
Sessions Case No : 128/07
FIR No : 66/06
Police Station :S.P.Badli
U/S :363/366/376/506/342 IPC
State
Versus
i) Pradeep Singh @ Mintoo
S/o Mohinder Singh,
R/o Kushan No. 2, Khadda Colony,
Nangli Puna, Delhi
ii) Pradeep Kumar Singh ...... Accused
S/O Lal Bahadur Singh,
R/O Vill. Dhanipur, Meh Nagar,
Distt. Ajamgarh, U.P.
Date of Institution :04/10/07
Date of Decision :16/07/11
JUDGMENT
(1) P, S and Sangeeta had gone to the market of Swaroop Nagar on 20/01/06 to purchase vegetables. Pradeep Singh @ Mintoo State V Pradeep Singh @ Mintoo FIR NO. 66/06 PS: S.P.Badli Page No. 1 of 8 was also residing in their locality and met to P,S and Sangeeta in the vegetable market. Sangeeta asked P and S to go out of Delhi along with her and Pradeep @ Mintoo. P and S refused to go with Sangeeta and Pradeep @ Mintoo. Sangeeta insisted P and S to go to Azamgarh. Pradeep Singh @ Mintoo, Sangeeta, P and S had gone to Banaras by train. Sangeeta had left for Delhi from Banaras and told P and S that Pradeep Singh @ Mintoo would merry with P. (2) Kishan Lal Sharma, father of P, on 20/01/06 found his daughter P was missing from the house and thereafter Kishan Lal Sharma lodged a complaint regarding the missing of his daughter P which was reduced into the writing vide DD No. 6A. HC Gayanender Singh on the basis of statement made by Kishan Lal Sharma recorded FIR bearing no. 66/06 u/s 363 Cr.P.C. The investigation was handing over SI Azad Singh.
(3) Pradeep @ Mintoo had taken P and S to Nepal where they stayed for 1/2 days. Pradeep @ Mintoo had taken P and S to Azamgarh where they stayed in a hired room. Pradeep @ Mintoo also called Pradeep Kumar Singh. Pradeep @ Mintoo and Pradeep Kumar Singh had taken P and S to court where they got prepared marriage documents and obtained the signatures of P and S. (4) SI Azad Singh received an information from Kotwali Azamgard regarding the recovery of P and S and regarding apprehension of Pradeep @ Mintoo and Pradeep Kumar Singh by the State V Pradeep Singh @ Mintoo FIR NO. 66/06 PS: S.P.Badli Page No. 2 of 8 police. SI Azad Singh on 05/02/06 along with Ct. Surinder Kaur and Ct. Surender went to Azamgarh. Tripta, mother of P and Ram Kishan, the father of S also accompanied the police party. P and S were brought to Delhi and their statements u/s 164 Cr.P.C. were recorded. Pradeep @ Mintoo and Pradeep Kumar Singh were arrested. The date of birth of P as per school record was found to be 07/01/1989. Pradeep @ Mintoo and Pradeep Kumar Singh (hereinafter referred to "the accused") after completion of investigation were chargesheeted for the offences punishable u/s 363/366/376/342/506/34 IPC. The chargesheet was submitted in the court of concerned Metropolitan Magistrate. The accused were put to trial.
(5) The accused were supplied the copies of chargesheet alongwith annexed documents in compliance of u/s 207 Cr.P.C. The case was committed to the Court of Sessions vide order dtd. 28/09/07 passed by concerned Metropolitan Magistrate and thereafter the case was assigned to this court for trial in accordance with law.
(6) The charge for the offences punishable u/s 363/366/342/376/506 IPC was framed against the accused Pradeep @ Mintoo vide order dtd. 12/11/07. The charge for the offences punishable u/s 376/506 IPC was framed against the accused Pradeep Kumar Singh vide order dtd. 12/11/07. The accused pleaded not guilty and claimed trial.
State V Pradeep Singh @ Mintoo FIR NO. 66/06 PS: S.P.Badli Page No. 3 of 8 (7) The Prosecution examined ASI Ilam Singh as PW-1, HC Gayanender Singh as PW-2, Karuna Suri as PW-3, W/Ct. Surender Kaur as PW-4, Rajinder Singh as PW-5, P as PW-6, Dr. Neeraj Chaudhary as PW-7, Kishan Lal Sharma as PW-8, HC Chander Pal as PW-9, S as PW-10, Ram Kishan as PW-11, and SI Azad Singh as PW-12.
PW-1 ASI Ilam Singh recorded the DD No. 6A on 20/01/06. PW-2 HC Gayanender Singh recorded FIR No. 66/06 on the basis of the statement of Kishan Lal Sharma. PW-3 Taruna Suri produced the relevant school records pertaining to the date of birth of P. PW-4 W/Ct. Surender Kaur on 06/02/06 had gone to Azamgarh along with Investigating Officer for recovery of P and S. PW-5 Rajender Singh also produced the school record pertaining to the age of P. PW-6 P is one of the prosecutrix. PW-7 Dr. Neeraj Chaudhary medically examined the accused on 23/02/06. PW-8 Kishan Lal Sharma, father of the prosecutrix P have lodged FIR regarding the missing of his daughter P. PW-9 HC Chander Plan had participated in the investigation at the time of arrest of both accused. PW-10 S is also one of the prosecutrix. PW-11 Ram Kishan is the father of one of the prosecutrix S. PW-12 SI Azad Singh is the Investigating Officer.
(8) The prosecution proved copy of DD No. 6A as Ex PW-1/A; carbon copy of FIR as Ex PW-2/A; school records pertaining to the Prosecutrix P as Ex PW-3/A to Ex PW-3/C;
State V Pradeep Singh @ Mintoo FIR NO. 66/06 PS: S.P.Badli Page No. 4 of 8 Identification and recovery memos of both the Prosecutrix as Ex PW-4/A to Ex PW-4/C; admission records of the Prosecutrix P as Ex PW-5/A to Ex PW-5/C; MLCs of both the accused as Ex PW7/A & Ex PW-7/B; arrest and personal search memos of both the accused as Ex PW-9/A to Ex PW-9/D; seizure memos of blood samples of both the accused as Ex PW-12/A & Ex PW-12/B. The prosecution examination was closed vide order dtd. 16/07/11.
(9) The respective statements of both the accused u/s 313 Cr.P.C. were recorded wherein they pleaded innocence and denied the incriminating evidence. The accused did not lead defence evidence.
(10) Sh. R.A.Yadav APP for the State. And Sh. Hansraj , Advocate for both the accused heard Record perused.
(11) As per the prosecution, accused Pradeep @ Mintoo on 20/01/06 at about 05.00 PM from Swaroop Nagar within the jurisdiction of PS-S.P.Badli had kidnapped P aged about 16 yrs. out of the lawful keeping of her father Kishan Lal Sharma and also kidnapped/abducted P and S aged about 20 yrs. to compel them to merry or to seduced them to sexual intercourse against their will and also confined P and S in a hotel at Banaras and Azamgarh and also committed rape with P at Banaras and Azamgarh and also during period w.e.f. 20/01/06 to 02/02/06 criminally intimidated P and S. The case of the prosecution against the accused Pradeep Kumar State V Pradeep Singh @ Mintoo FIR NO. 66/06 PS: S.P.Badli Page No. 5 of 8 Singh is that the accused Pradeep during the period w.e.f. from 20/01/06 to 02/02/06 had committed rape with S aged about 20 yrs at Azamgarh and during the period w.e.f 20/01/06 to 02/02/06 criminally intimidated S aged about 20 yrs.
(12) The prosecution to prove its case examined both the Prosecutrix i.e. P as PW-6 and S as PW-10. PW-6 P turned hostile and did not support the case of the prosecution. PW-6 P deposed that on 20/01/06 at about 05.00 PM she along with Sangeeta and PW-10 S had gone to Swaroop Nager to purchase vegetables and thereafter they went to Ajmer. PW-6 P deposed that nothing had happened with her. PW-6 was cross-examined at length by the CPP for the State. PW-6 P in cross-examination denied that the suggestions that the accused Pradeep @ Mintoo had taken her out of Delhi to merry with her and also committed rape with her. PW-6 Prosecutrix P also denied other suggestions given by the CPP. The testimony of PW-6 does not connect the accused Pradeep @ Mintoo with the alleged offence.
(13) The age of the PW-6 P on the date of incident was proved to be less than 18 years as the date of birth of the PW-6 P is 07/01/1989. The prosecution also examined father of the PW-6 P, Kishan Lal Sharma as PW-8 who deposed that on 20/01/06 he found his daughter i.e. PW-6 P was missing and thereafter on 31/01/06 he lodged FIR Ex 2/A. PW-8 Kishan Lal Sharma also came to know that his daughter PW-6 P was taken by accused Pradeep @ Mintoo. PW-6 P turned hostile and did not support the case of the Prosecutrix. There is no evidence against the accused Pradeep @ Mintoo to prove State V Pradeep Singh @ Mintoo FIR NO. 66/06 PS: S.P.Badli Page No. 6 of 8 that he had kidnapped PW-6 P out of the lawful guardianship of PW-8 Kishan Lal Sharma and also committed rape with her.
(14) The prosecution also examined another Prosecutrix S as PW-10 who stated to be aged about 20 years at the time of the incident. PW-10 S deposed that on 20/01/06 due to altercation with his brother she along with accused Pradeep @ Mintoo, Sangeeta and PW-6 P had gone to Banaras and from Banaras Sangeeta came back to Delhi. PW-10 S further deposed that the accused Pradeep @ Mintoo had taken them to Nepal and from Nepal the accused Pradeep @ Mintoo had gone to Azamgarh. PW-10 S also deposed that the accused Pradeep @ Mintoo has called his friend i.e. accused Pradeep Kumar Singh at Azamgarh and thereafter both the accused had taken her and PW-6 P to the court to prepare marriage documents and also obtained their signatures. The accused were arrested and brought back to Delhi. However, PW-8 S did not depose that the accused Pradeep Kumar Singh had committed rape with her and also criminally intimidated her as alleged by the prosecution. The cross- examination of PW-10 S reflects that she had gone along with accused Pradeep @ Mintoo, Sangeeeta and PW-6 P out of her free will and she did not raise any alarm despite having ample opportunities. The testimony PW-10 S also doesn't connect the accused Pradeep Kumar Singh with the alleged offence.
(15) The prosecution has also examined other witnesses who participated in the investigation including Investigating Officer but State V Pradeep Singh @ Mintoo FIR NO. 66/06 PS: S.P.Badli Page No. 7 of 8 their respective testimonies do not connect any of the accused or both the accused with the alleged offence.
(16) In view of the above discussion, the accused Pradeep @ Mintoo and Pradeep Kumar Singh are acquitted. Bail bonds cancelled and respective sureties discharged. Case property if any is consficated to the State. File be consigned to Record Room.
Announced in open court (Dr. Sudhir Kumar Jain)
on 16/07/11 ASJ-01(outer), Rohini/Delhi
State V Pradeep Singh @ Mintoo
FIR NO. 66/06
PS: S.P.Badli Page No. 8 of 8