Delhi District Court
Sc No. 123/14 State vs Khuram Etc. Page No. 1 Of 5 on 2 December, 2014
IN THE COURT OF ADDITIONAL SESSIONS JUDGE01 : SED:
DESIGNATED JUDGE: TADA/POTA/MCOCA/POCSO:
SAKET COURTS: NEW DELHI
PRESIDED BY : MS. RENU BHATNAGAR
IN THE MATTER OF
CASE ID NO. 02406R0154872014
SESSIONS CASE NO. 123/14
FIR NO. 193/14
POLICE STATION : NEW FRIENDS COLONY
UNDER SECTION : 376(D)/109 IPC & 6 POCSO ACT
STATE
VERSUS
KHURAM
S/O SH. NAFIS AHMED
R/O H.NO. C176, TAIYAB LANE ROAD, THOKAR NO.8,
SHAHIN BAGH, JAMIA NAGAR, DELHI.
SMT. BASANTI BEHRA
W/O SH. BABLU BEHRA,
R/O H.NO. 24, SANJAY KA MAKAN,
KHIJARABAD VILLAGE, NEW DELHI.
DATE OF INSTITUTION : 27.06.2014.
DATE OF RESERVING ORDER : 02.12.2014.
DATE OF DECISION : 02.12.2014.
J U D G M E N T
Case of Prosecution:
1. Brief facts of the prosecution case are that on 08.05.2014 on receiving DD No. 3A W/SI Seema along with L/Ct. Nisha and SI Rajeev SC No. 123/14 State Vs Khuram etc. Page No. 1 of 5 reached at Ashoka Park and met HC Bhagwan Das and complainant 'R' (name withheld to keep her identity confidential) at Jhuggi No. 6, 20 Foota Road, Jamia Nagar, New Delhi. Complainant 'R' gave her statement that she resides with her family and are four brothers and sisters. She got married with one Imran around three months back at Amroha Village. She was married against her wishes. She stayed at Amroha Village for two months and on 21.04.2014 she came to her parents house who were keen on sending her back to her home forcibly. She therefore ran away from her mother's house and used to spend time at Ashoka Park and Peer Baba Ki Majaar. She met one lady namely Basanti near Yamuna on whose asking she told her that she is jobless. Basanti took 'R' to her home on the pretext of giving some work for a sum of Rs. 2,000/ per month where three boys were present. She stated that she had seen those boys in Tauba Colony.
She drank cold drink and boys present there started molesting/teasing her upon which she ran away from there. Those boys followed her. She came at Ashoka Park at around 10.30 PM where Afroz, Alam and their third friend also reached there and forcibly took her to Mandap/road. She tried to raise voice but they tied her mouth with dupatta. Afroz removed her Salwar and committed rape with her and during that time Alam caught hold of her hands. Thereafter Alam committed rape with her and during that time Afroz caught hold of her hands. When the third boy also tried to commit rape with her she screamed and police came there and all the three boys ran away from there. On the statement of complainant, case was registered. At the instance of prosecutrix/complainant 'R' site plan was prepared. Victim 'R' was medically examined and exhibits were taken into possession by the police. Victim 'R' was counseled and her statement under Section 164 SC No. 123/14 State Vs Khuram etc. Page No. 2 of 5 Cr.P.C was got recorded by the police. Victim 'R' was produced before the CWC, Lajpat Nagar who ordered for ossification test. At the instance of victim 'R' accused Mohd. Firoz @ Alam was apprehended and since he was 17 years of age he was produced before the Juvenile Justice Board for further proceedings. On the statement of victim/complainant 'R' accused Basanti was arrested. Section 109 IPC was added in the charge sheet. Accused Basanti refused for TIP proceedings. On 16.05.2014 accused Khuram was also arrested. His medical examination was got conducted at AIIMS Hospital and exhibits were taken into possession by the police. Accused Khuram also refused for TIP proceedings. Other accused Aftab @ Khargosh is yet to be arrested and his NBWs have already been issued. Exhibits were sent to FSL, Rohini for examination. Thereafter, statement of witnesses were got recorded by the Investigating officer and after completion of investigation, charge sheet under Section 376(D)/109 IPC & 6 POCSO Act was filed against the accused persons in the court. Charge against the accused persons:
2. Prima facie case under section 16 of POCSO Act was made out against the accused Basanti and 6 of POCSO Act was made out against the accused Khuram. Charge under Section 16 of POCSO Act was framed against the accused Basanti and 6 of POCSO Act was framed against the accused Khuram to which they pleaded not guilty and claimed trial. Witnesses Examined:
3. In support of its case, prosecution has examined only one witness in all. The brief summary of the deposition of the prosecution witnesses is as under:
4. PW1 prosecutrix 'R' has deposed that they are four brothers SC No. 123/14 State Vs Khuram etc. Page No. 3 of 5 and four sisters including her. She was married to one Imran of village Amroha three months prior to lodging of FIR. Her marriage was solemnized with her wishes. She remained at her matrimonial house for two months and thereafter returned to her parental house on 20.04.2014.
She did not return to her matrimonial house since her husband was out of Delhi on account of his job. One day she was coming back via train from her matrimonial house from Chand Pol. She was having Rs. 70/ given to her by his Mami. She deboarded the train at Purani Delhi Railway Station and after hiring autorickshaw she reached at Taimur Nagar at Ashoka Park. There was no light in the park as it was night time. Three boys who were sitting in the park had caught hold of her. Two of the boys had forcibly committed rape with her in the park. She caught hold of one of the boy and raised alarm upon which one lady police official and two gents police officials came there however, the said boy escaped from her clutches. Witness on showing both the accused persons did not identify them in the court. During examination witness has turned hostile. Ld. Addl. PP for the state has cross examined the witness but nothing material has come out in her cross examination.
Conclusion:
5. Perusal of the file reveals that prosecutrix PW1/'R' is the only star/material witness of this case who has turned hostile and has not supported the case of the prosecution on the point of identity of both the accused. Apart from this star witness, remaining witnesses are formal in nature. Even if, the statement of remaining witnesses are recorded, it cannot bring home the guilt of the accused. Therefore, it is futile to record the statement of remaining witnesses. Hence, prosecution evidence stands SC No. 123/14 State Vs Khuram etc. Page No. 4 of 5 closed. Since there is no incriminating evidence against the accused, statement of accused is dispensed with.
6. In view of the facts and circumstances, accused Khuram is acquitted of the offence under Section 6 of POCSO Act and accused Basanti is acquitted of the offence under Section 16 of POCSO Act.
7. In view of the Section 437A of Cr.PC, both accused are directed to furnish bail bond in a sum of Rs. 20,000/ with one surety of like amount for the period of six months with the condition that they shall appear before the Hon'ble High Court as and when notice be issued in respect of any appeal filed by the state against the judgment within a period of 6 months. Case property be confiscated to the state after expiry of period of revision/appeal, if any. File be consigned to record room. ANNOUNCED IN THE OPEN COURT ON 02.12.2014.
( RENU BHATNAGAR ) DESIGNATED JUDGE TADA/POTA/MCOCA/POCSO ASJ01/SED/NEW DELHI SC No. 123/14 State Vs Khuram etc. Page No. 5 of 5