Delhi District Court
State vs . Abhishak Kumar Singh, on 6 August, 2015
IN THE COURT OF SH. VIRENDER BHAT, A.S.J. (SPECIAL
FAST TRACK COURT), DWARKA COURTS, NEW DELHI.
SC No.31/15.
Unique Case ID No. 02405R0044902015.
State Vs. Abhishak Kumar Singh,
S/o Sh. Sunil Kumar Singh,
R/o Village Sujtoy PO PS Dumriya,
District Gaya (Bihar).
Date of Institution : 18.4.2015.
FIR No.418/14
U/s. 376 IPC.
P.S. Chhawla.
Date of reserving judgment/Order : 06.8.2015.
Date of pronouncement : 06.8.2015.
JUDGMENT
1. The accused Abhishek Kumar was chargesheeted by the prosecution for the offence u/s.376 IPC.
2. It is the case of prosecution that the prosecutrix namely 'P' (real name withheld in order to conceal her identity) alongwith her father had reached the police station on 16.7.2014 and submitted a handwritten complaint against the accused. In her complaint, the prosecutrix has mentioned that she was an engineering student in A.U.I.T., Chennai, from 2007 to 2011 and the accused had taken admission in Bharat Vishwavidhalaya, Chennai, in the year 2008. She met accused Abhishek for the first time on 17.7.2010 at Chennai Railway Station. He alongwith another boy Rahul had been sent by her cousin Kunal to the railway station to receive her. Accused Abhishek took her mobile SC No.31/15. Page 1 of 26 number and thereafter they started talking to each other. Her cousin Kunal used to visit her PG accommodation and she used to teach her. Accused started romantic gesture towards her in April, 2011. He used to take her from PG accommodation of Kunal and drop her at her own PG accommodation. He had expressed his love for her but she rebuked him. She has described following instances of molestation and rape at the hands of accused in her complaint :
(i) On the day of Ram Navami in the year 2011, accused took her from the PG accommodation of Kunal through a secluded route instead of usual crowded route and on the way misbehaved with her. He touched her private parts despite her resistance. She somehow saved herself and ran away. She did not complain about the same to anybody as her last semester examination was going on. The next day, the accused offered apology for her acts and promised to marry her in front of her friend Shelly and Avinash Gupta.
(ii) She had gone to Chennai in August, 2011 to collect her educational certificates. She wanted to stay with her junior college mate but Abhiskek took her to a hotel near Chennai Central Railway Station by deception. The accused committed sexual intercourse with her during the night and clicked her photographs without her knowledge. Thereafter, accused used to repeat his promise to marry her.
(iii) The accused came to Delhi in November, 2011. He SC No.31/15. Page 2 of 26 took her to a hotel in Paharganj and committed sexual intercourse with her for the second time. She was not agreeable for the same but he compelled her to agree for the same by threatening her that he would upload her photographs on the social media which he had taken at the time of first incident of physical intercourse between the two. That time also, he clicked her photographs clandestinely.
(iv) Accused Abhishek came to Delhi in the year 2012 after completing his studies in Chennai. She arranged a room for him on rent in Khanpur, Saket, through one of her friends. The accused continued to sexually exploit her for six months by blackmailing her sometimes, sometimes on the pretext of marriage and sometimes by beating her.
(v) The accused caused physical injury to her on 11.2.2013 by giving a fist blow on her nose.
(vi)The accused Abhishek then got a job in a company at Ajmer. He called her to Ajmer on 14.7.2013 to return her photographs and personal documents. He raped her again in house no.18/19, Vaishali Nagar, LIC Colony, Ajmer. He then called her parents and apprised them about sexual relations with her.
5. Prosecutrix has further mentioned in the complaint that her father then apprised accused's father about the whole story. Accused's father suggested marriage between the accused and prosecutrix. The Tika ceremony was agreed to be performed on 08.3.2014. However, neither accused nor accused's parents SC No.31/15. Page 3 of 26 arrived for Tika ceremony and they avoided contact with the prosecutrix and her parents later on. She has stated in the end that the accused has raped her on the pretext of marriage and without her consent.
6. The complaint of the prosecutrix was marked to SI Saroj Bala, who prepared rukka and got the FIR registered. She started investigation after registration of FIR. She sent the prosecutrix to RTRM Hospital alongwith Lady Const. Kamlesh for medical examination. Exhibits given by the doctor were seized by the IO. An official from NGO was summoned who counselled the prosecutrix. Statement u/s.164 Cr.PC of the prosecutrix was got recorded on 17.7.2014. Accused was granted anticipatory bail by the Sessions Court. He joined the investigation and his medical examination as well as potency test was got conducted in RTRM Hospital, Jafarpur. Exhibits given by the doctor were seized by the IO. All the exhibits were then sent to FSL for forensic examination.
7. After completion of the investigation, Charge Sheet was prepared by the IO and was submitted to the concerned Ld. M.M.
8. Upon committal of the case to the court of Sessions, Charges u/s.354 IPC, u/s.376 IPC, u/s.323 IPC and u/s.506 IPC were framed against the accused on 26.5.2015. Accused denied the charges and hence trial was held. The prosecution has examined eight witnesses to bring home the guilt of the accused.
9. The accused was examined u/s.313 Cr.PC today i.e. on SC No.31/15. Page 4 of 26 06.8.2015 wherein he denied the prosecution case and claimed false implication. He stated that the prosecutrix was having consensual physical relations with him and they had never talked about their marriage.
10. I have heard Ld. APP, Ld. Counsel for the accused and have perused the entire record.
11. Prosecutrix has been examined as PW5. Her examination in chief is a very lengthy one spanning over nine pages. The same is reproduced herein below :
"I was doing B.Tech course in AVIT Institute, Chennai from the year 2007 to 2011. Accused Abhishek was also doing B.Tech course in Bharat Vishwa Vidhalya, Chennai from the year 2008 to 2012. Bharat Vishwa Vidhalya was at a distance of 20 kms. from AVIT Institute. I was staying in a private paying guest accommodation in Kelambakam, Chennai.
I had come to Delhi during the vacations in June/July 2010. I returned to Chennai by train on 17.7.2010. My cousin Kunal,who was also staying in Chennai at that time, was to receive me at the railway station and to drop me at my P.G. accommodation. However, he was unable to come to the railway station and therefore, sent his relative accused Abhishek and a friend named Rahul to receive me. They received me at the railway station and dropped me at my PG accommodation at Kelabakam. Abhishek also took my mobile phone number. I do not remember the mobile number which I was using at that time. Thereafter we used to talk to each other on mobile phone.
After some period of time i.e. in the year 2011, the accused Abhishek requested me to teach him computer. He also made me to talk to his parents and they also made the similar request to me. It was then decided that I would teach Abhishek computer at the residence of my cousin Kunal. However, Kunal was not SC No.31/15. Page 5 of 26 residing there at that time as he had completed his course. I started teaching Abhishek at the residence of Kunal in the evening hours. Abhishek used to take me from my PG accommodation to the residence of Kunal and used to drop me again later on at my PG accommodation.
During the same period, Abhishek told me that he likes me but I scolded him for the same. One day in the month of April or May, 2011, when Abhishek was escorting me from the Kunal's residence to my PG accommodation, he took a different route. Normally he used to take me to my PG accommodation by a crowded route but that day he took me through an isolated route i.e. Chetenar Hospital route. After walking for some time on the said road, he pulled me into the bushes on the side of the road. I tried to save myself and we struggled with each other. However, he did not leave me. He put his hand into my shirt and touched my breasts. He also put his hand into my jeans pant and touched my private part. However, due to my stiff resistance, he could not do anything further and I managed to escape. My final semester examination was going on during those days. I became very nervous on account of the said incidence and was not in a position to narrate the same to anybody.
Abhishek came to my PG residence the next day in the morning and told me that it was his first and last mistake. He offered apology for the previous night's incidence and told me that he just could not control himself at that time. He further told me that he loves me and wants to marry me. He tried to impress upon me that he is a person with good moral character. I did not give any reply to him at that time.
After completion my semester examination, I came back to Delhi on 2.5.2011. During my stay at Delhi, he used to talk to me on mobile phone from Chennai and used to reiterate that he loves me and wants to marry me.
I again visited Chennai in the month of September, 2011 to collect my certificates from my institution. I reached Chennai Railway station very late at night as the train had got delayed. Abhishek had come to the railway station to receive me. I had SC No.31/15. Page 6 of 26 decided to go and stay with a junior colleague of mine at her PG accommodation. However, Abhishek did not allow me to contact my junior colleague and told me that I should stay in a hotel. Abhishek took me to a nearby hotel where I booked a room. I checked in the room and Abhishek left. However, he returned to the Hotel after some time and knocked on the door of my room. I opened the door for him and he came in. He told me that he did not get any bus for his place of residence in Mahabalipuram as it was very late in the night. He started talking to me in normal manner and said that he would stay with me in the hotel room. During the talks, he suddenly attacked me. I was not prepared for such sudden attack but still I tried to push him away. However, he continued his advances upon me saying that he loves me and wants to marry me. I told him that I cannot marry him in such manner. I continued my struggle and resistance. He beat me and while saving myself from his attack, I injured the little finger of my right hand. He then took off the nighty which I was wearing. He also took off his own clothes and committed forcible sexual intercourse with me. I immediately went to the bathroom and locked myself inside it and started weeping. Accused Abhishek called me from outside the bathroom and told me not to disclose the incidence to anybody or otherwise he would not marry me. It was already morning time. After some time I came out of the bathroom, dressed myself and left for my college. He also followed me upto the college. After collecting my certificate from my college, I went to the PG residence of my junior colleague and started staying with her. After collecting all my certificates from all the places in Chennai, I returned to Delhi after about four or five days.
The accused continued to talk to me on phone. He always insisted upon me not to disclose the incident of sexual intercourse to anybody. He threatened me that if I narrated the incident to anybody, he would upload my obscene photographs on the internet and would also show the same to his friends, which photographs he had taken during the rape incident in the hotel room. Abhishek came to Delhi in Nov. 2011. He was staying in a hotel in SC No.31/15. Page 7 of 26 Paharganj. He made a call to me and asked me to take him for a sight seeing trip in Delhi. I was reluctant to oblige him but he repeated his threats and blackmailing activities. Accordingly I agreed to his request and we met at New Delhi Railway Station Metro Station. He told me that he has forgotten something in the hotel room and took me to the hotel room. Initially he started talking to me and behaved with me normally but soon he started loose and obscene talks. He told me to have physical relations with him peacefully so that he does not have to beat me like in the previous incidence. I told him that I am not agreeable for that and the physical relations would be only after our marriage. But he was adamant and started beating me. I was not feeling well at that time and was having my regular menstrual periods. He did not stop and committed forcible sexual intercourse with me even in that condition. He had also repeated his threats that he would upload my obscene photographs on the internet. Thereafter he dropped me at the metro station and I returned home.
I was extremely scared and terrified from the acts and threats of the accused and therefore, could not apprise my parents about my plight. A few days thereafter accused left for his native place in Raurkela. From there also he used to make phone calls to me. He used to tell me not to narrate the second incident of rape also to anybody or otherwise he would send my obscene photographs and video to my parents and to my friends/relatives which he had taken at that time. Whenever I did not pick up his calls, he used to make calls at the mobile numbers of my parents.
After finishing his studies in Chennai, accused Abhishek came to Delhi in the year 2012. He made a call to me and I arranged a room on rent for him in Khanpur Saket with the help of my friend Ravi. At that time I was doing the job in Greater Noida and did not find any time to meet him. However, we used to meet rarely. He used to insist upon me to have physical relations with him again. On my refusal, he used to snatch my mobile phone and send obscene messages from my phone to his own phone. He also used to send obscene messages from his phone upon my phone. He SC No.31/15. Page 8 of 26 used to show obscene videos to me.
The behaviour of the accused changed in the month of December, 2012. I came to know that he has started an affair with a girl named Niyati. Whenever I asked him about his relations with Niyati, he used to beat me. He used to call Niyati from my mobile phone. He used to send obscene messages to Niyati from my mobile phone and then used to tell her that I am sending these messages to her. He used to project me as a characterless girl.
I had gone to the room of accused on 10.2.2013 as he had called me for some work. Upon reaching there, he asked me to have physical relations with him. When I refused, he gave a serious blow upon my face which resulted in an injury to a vein in my nose and I started bleeding from nose. I became unconscious. Thereafter he accompanied me to my house. I did not tell the real incident to my parents. I told them that I had fallen down from an auto rickshaw as the accused had instructed me to tell them so. Accused had already introduced himself as Ravi to my parents. He had told them that he is my friend. He used to come to my house in my absence and used to meet my parents as Ravi. So he was known to my parents as my friend Ravi.
Thereafter during our further telephonic conversions, the accused told me that he does not want to marry me now as he has achieved what he wanted. I told him that I would disclose everything that had taken place between us to his parents as well as my parents. After few days, he left the room at Saket and went to stay with his cousin Anand. Meanwhile, I left my job at Greater Noida and was in search for a new job. The accused took my laptop and all the original educational certificate on the pretext of finding a job for me. I came to know that he has hacked my e.mail ID and has been using the same. When Anand came to know about our relations, he called me and I told everything to him. He also apprised Abhishek's friends about our relations. His parents and his brothers told me on phone not to keep any relations with Abhishek. His parents started threatening me that incase I did not snap my relations with him, my future SC No.31/15. Page 9 of 26 would get spoiled and nobody would be willing to marry me.
In the year 2013, accused Abhishek got job in Hindustan Petroleum and shifted to Ajmer. He made a call to me on 14.7.2013 to visit Ajmer and to take all my photographs as well as original certificates from him. Accordingly, I visited Ajmer on the same day i.e. 14.7.2013. When I left for Ajmer, he made a call to my parents telling them that he is Abhishek and not Ravi and infact he had been meeting them as Ravi. He also told them that I am coming to him for a job. Upon reaching Ajmer, accused handed over the laptop and my original certificates to me. I did not find any obscene photographs and videos in my laptop or in the laptop of the accused. Thereafter accused made a call to my parents and told them everything that had taken place between us. He told them that there had been sexual relations between us. I also talked to my parents and narrated everything to them. Thereafter he talked to his parents also but I do not know what he had told them. Thereafter he told me that I do not know what rape is and that he would not show me what is meant by rape. He started tearing off my shirt and pant which I was wearing. He also beat me. He then committed forcible sexual intercourse with me despite my resistance and struggle. He had thrown my clothes in water so that I had nothing to wear. At about 6 am in the morning he gave his t-shirt to me to wear. I had no option but to wear my wet pant. I took all my belongings and left his room. As my parents had come to know about my relations with the accused, I did not have courage to face them. I made a call to my cousin (son of my paternal aunt/bua) residing in Hazaribagh. He told me to come to Hazaribagh and he would taken care of situation. Accordingly, I reached Hazaribagh on 16.7.2013.
Accused made a phone call to me on 17.7.2013 saying that I should tell my parents that I had told them falsely about our relations. I told him that I would not do so. My parents also reached Hazaribagh on 26.7.2013. They made a call to the parents of the accused and suggested that the matter should not be prolonged any further and we should solemnize SC No.31/15. Page 10 of 26 marriage between myself and the accused. His parents agreed for the marriage. It was decided that ring ceremony would be performed on 8.3.2014 in the house of accused's uncle in Bihar. However, thereafter they avoided to contact us and nothing further took place. My parents visited the house of accused twice for further marriage talks but nothing fruitful came out. My parents also met accused's parents in a marriage function in Gaya and there accused's grand father told my parents that the accused would not marry me.
I alongwith my parents visited PS Chhawla on 17.7.2014 where we submitted a written complaint. The same is Ex. PW5/A bearing my signatures at point A. The complaint is in the handwriting of my mother. From police station I was taken to RTRM Hospital, where my medical examination was conducted. Next day, I was brought to Dwarka Court and produced before a lady Magistrate who recorded my statement."
12. In the cross examination, she deposed that she had submitted the complaint Ex.PW5/C in Police Chowki, Chhawla, on 01.9.2014. She admitted that she did not mention either in her complaint Ex.PW5/A or in her statement u/s.161 Cr.PC or in her statement u/s.164 Cr.PC Ex.PW5/B or in her complaint Ex.PW5/C that the accused had hacked her E.mail Id. She stated that her E.mail Id was [email protected]. She denied that she had sent E.mails to the accused from her E.mail Id after he shifted to Ajmer. She denied that she had her Facebook Id on the aforesaid E-mail Id and stated that she would operate Facebook account from another E.mail Id [email protected]. She admitted that accused is her distant relative and explained that Bhabhi of accused's grandfather is the cousin of her father. She denied that accused used to address her as his 'Bua' (paternal aunt).
SC No.31/15. Page 11 of 2613. She admitted that she had visited Shri Tirupati Balaji temple alongwith accused but could not say whether it was on 27.3.2011. She admitted that photographs Ex.PW5/D1 and Ex.PW5/D2 were taken during the aforesaid trip. She admitted that she had met accused's friend Vinay in Gurgan at MG Road in year 2012 but could not tell the exact date and month. She denied that Vinay had come to pay Rs.2,500/- to her. She stated voluntarily that he had come to take Rs.2,500/- from her as accused owed this sum of money to him and was not able to repay the same to him. She had paid this amount to Vinay on behalf of accused. She denied that she continued to teach the accused even after the incident of April/May, 2011 or that she used to send E.mails/text messages to him even thereafter or that they used to meet each other even thereafter. She however admitted that they used to talk to each other on phone. She admitted that she had purchased a camera of make Canon in March, 2011 and thereafter she alongwith the accused had gone to a Mall where they took a Selfie from the same. She admitted that she and the accused are seen in the Selfie photograph Ex.PW5/D14 but did not know whether it is the same Selfie which they had taken in the Mall on the day of purchase of the camera. She denied that she had uploaded the said Selfie on her Facebook account.
14. She denied that she had visited Nehru Place alongwith the accused to make some inquiry regarding her Laptop or that her Laptop had crashed in October/November, 2012. She, however, admitted that she alongwith accused had visited the office of Maa Kamakhaya Placement Agency. She further deposed SC No.31/15. Page 12 of 26 that she had gone to Chennai to collect her certificates in September, 2011 and not in August, 2011 as mentioned in her complaint Ex.PW5/A. She had stayed there for 4 to 5 days on that occasion with her friend Sapna who was one year junior to her in the college. She met Sapna in the college on the subsequent day after she reached Chennai. She could not contact Sapna during the previous night when she had reached Chennai Railway Station. According to her, she may have reached Chennai Railway Station at about 8 p.m. or 9 p.m. She had only one friend in Chennai i.e. Sapna. She had not talked to Sapna while leaving Delhi. She stated that she had booked a Tatkal ticket for said visit to Chennai and could not contact Sapna even after the booking of Tatkal ticket as she was not having her mobile number. She stated that the accused knew the PG accommodation of Sapna and hence she had told accused to contact Sapna and told her that she has come to Chennai. Accused has told her that he had contacted Sapna and has made all the arrangements. She was having Sapna's previous mobile number which Sapna had changed.
15. She further deposed that she has done B.Tech in Computer Science from AVIT, Chennai, but does not have the knowledge of internet surfring. She had made efforts to retrieve the password of her E.mail account but the code, which used to be sent by service provider, was received by accused on his mobile phone as he had changed the setting. She did not recollect the alternate E.mail Id which she had provided. She did not know whether the code is sent on the alternate E.mail Id also. She did not recollect whether she had given the option for sending the code on her alternate E.mail Id. She deposed that in the CV SC No.31/15. Page 13 of 26 submitted by her to M/s. Inderson IT Company, Greater Noida, she had mentioned her E.mail Id as [email protected]. She stated that the company had given her the appointment letter physically by hand and the company had not sent any E.mail to her. She stated that the accused had hacked her aforesaid E.mail Id. She had joined M/s. Inderson IT Company in the year 2012 but could not tell the exact date and month. She admitted that CV Ex.PW5/D8 is true and correct copy of her CV. She admitted that she was residing in Gurgaon at the address mentioned in this CV.
16. She deposed that she is seen in the photograph Ex.PW5/D5, Ex.PW5/D6, Ex.PW5/D12 & Ex.PW5/D13. She could not say whether photographs Ex.PW5/D5 and Ex.PW5/D6 were clicked on 04.9.2011 i.e. the date mentioned thereupon and whether these had been clicked in the kitchen at her residence in Gurgaon. She stated that the girl seen in the photograph Ex.PW5/D7 resembles her but could not say whether it is her photograph. She admitted that the bed seen in photograph Ex.PW5/D7 is the same as seen in photograph Ex.PW5/D6. She could not say whether the girl seen in photographs Ex.PW5/D9, Ex.PW5/D10 & Ex.PW5/D11 is herself. She stated that it does not appear to her that the shirt worn by the girl in these photographs is the same shirt worn by accused in photographs Ex.PW5/D1 and Ex.PW5/D2. She denied that this shirt was gifted to her by accused as a token of love and remembrance.
17. She deposed that she is seen in the photographs Ex.PW5/D16, Ex.PW5/D17, Ex.PW5/D18, Ex.PW5/D19, Ex.PW5/D20 and Ex.PW5/D21. However, she could not say whether the girl SC No.31/15. Page 14 of 26 seen in the photograph Ex.PW5/D22 is herself. She could not say whether these photographs had been clicked at her Gurgaon residence from her Canon camera by using timer. She also could not say whether the girl seen in the photograph Ex.PW5/D23 is herself and whether this photograph had been taken in bathroom. She deposed that the document Ex.PW5/D bears her signature at point A and that of her father at point B and she had given the same to the Investigating Officer.
18. She did not remember whether she was doing job in November, 2011 when accused had come to Delhi. She admitted that she was residing at Gurgaon at that time. She did not recollect the exact time when she left home on that day to meet the accused. She could say, she left home in the morning. She had told her parents that she is going for some urgent work and returned home in the afternoon. She had reached New Delhi Railway Station by Metro. She boarded Metro Train at MG Road Metro Station and it took her 45 minutes to travel by Metro. Accused met her in Metro Station. She had not taken any safeguard during that meeting with the accused even though he had attacked her previously at Chennai twice. She further stated that the accused stayed in the room at Saket which she had arranged for him through her friend for two months and thereafter took another room on rent nearby. She did not know who was accused's room partner. She admitted that Sonu Aggarwal was the room partner of the accused when she shifted to another room. It took her about 45 minutes to reach accused's room at Saket from her residence. She used to go on foot from her residence till Metro Station, from where she used to board the Metro Train. She SC No.31/15. Page 15 of 26 admitted that she was doing a job in M/s. Inderson IT Pvt. Ltd. in July, 2012 and she was having weekly off on Sundays. She denied that she used to visit the accused's first room at Saket on every Sunday. She did not know why accused had changed the room and denied that he had changed the room as she used to visit him regularly and disturb him in his studies.
19. She did not know when accused had shifted to Ajmer and could not say when she had met accused for the last time before visiting Ajmer on 14.7.2013 to meet him. She could not say whether accused had shifted to Ajmer on 18.5.2013. she stated that the accused had made call to her in the morning on 14.7.2013 but could not tell the exact time. She left home at about 10 or 15 minutes after receipt of the said call. She has not taken any luggage with her. She told her mother that she is going for some work. At that time they were residing at Goyla Dairy, Najafgarh. She went to Ajmer by bus but did not recollect from where she had boarded the bus. It took her about eight hours to reach Ajmer. She reached there at about 10.30 p.m. or 11 p.m. She had switched off her mobile phone and did not receive any call from her parents. She switched on the mobile phone after reaching Ajmer. She went up to the accused's room from Bus Stand in a local bus. The bus dropped her at a distance from Abhishek's residence and from there, she took an auto rickshaw. She denied that she had actually left Delhi in the afternoon of 13.7.2013 and spent the night at Jaipur in a hotel and then reached accused's room at Jaipur the next day at about 10 a.m. She denied that the accused was not present in his room at that time and that she had taken keys of the room from accused's landlord by saying him that she is SC No.31/15. Page 16 of 26 accused's paternal aunt (Bua).
20. She deposed that accused had called her to his room on 10.2.2013 for some job related work. She could not say for how much time she remained unconscious in accused's room on that day. She did not recollect when she had reached accused's room on that day. She stated that she remained in the room of the accused for about half an hour or one hour. She remembered the date as 10.2.2013 as she had got treatment for her injury on nose on that day. She had told the doctor that she had fallen from an auto rickshaw. She did not know how she regained consciousness. She could not tell for how much time she remained conscious and for how much time she remained unconscious. She left the room sometime after regaining consciousness but could not tell the exact time. Accused had taken her to a nearby small dispensary and the person present there, who was not the doctor, told her that the injury is external and not internal.
21. She admitted that she had not apprised her parents about her relations with the accused before 14.7.2013 despite having told the accused that she would disclose everything to her parents and to his parents. She admitted that the accused had stayed in their house in February, 2013 when their whole family had gone to Hyderabad to attend a marriage. Her parents had talked to the accused in this regard and she did not know how they convinced the accused to stay in their house during that period. She denied that the prospectus of her marriage with accused diminished on account of her own conduct as she had become jealous of him. She also denied that the accused had to SC No.31/15. Page 17 of 26 shift from Delhi to Ajmer on account of her conduct. She further denied that the prospectus of her marriage with accused diminished also on account of their intense intimate relations. She denied that the sexual relations between herself and the accused were always consensual and the accused never committed forcible sexual relations with her. She further denied all the suggestions put to her.
22. Another material witness for the prosecution is PW2, the father of the prosecutrix. His examination in chief is reproduced herein below :
"I am the father of prosecutrix Preeti. She was doing B.tech. in AVIT Institute at Chennai from 2007 to 2011. After completion of her course at Chennai, she took up a job in a company at Noida.
I know accused Abhishek present in court today. He was a friend of my daughter Preeti. Preeti had introduced Abhishek to me but by the name of Ravi. He had visited our house alongwith Preeti two or three times. He also told his name as Ravi. I knew him all along as Ravi. On 14.7.2013 at about 9 pm or 10 pm, I received a call from him saying that his name is Abhishek and not Ravi. I scolded him for deceiving me but concealing his real name from me. He further told me that he is in Ajmer and Preeti is also coming to meet him in Ajmer and is on the way from Jaipur. I asked him why Preeti is coming to meet him and he replied that she is coming to him for employment. I asked him how can he provide employment to Preeti when he himself has got a job very recently. I further told him when Preeti would reach him, he should make me to talk to her.
At about 10.30 pm, I again received call from the accused saying that Preeti is with him. I told him to keep the mobile phone on speaker mode. Then I asked both of them whether there is something more than SC No.31/15. Page 18 of 26 friendship between them and both said 'yes'. I further asked them whether they had physical relations with each and both replied in affirmative. I became enraged on hearing this and lost my patience. I gave my phone to my wife who started scolding them and abusing them. I became normal after about fifteen to twenty minutes. Thereafter I talked to my brother-in-law Surender Prasad Singh and his son Alok Kumar and apprised them about what I had come to know from the conversation with accused and my daughter Preeti. They are residing in Hazari Bagh, Jharkhand. Alok Kumar pacified me saying that he would coordinate with both Preeti and Abhishek and would call Preeti to Hazari Bagh.
I alongwith my wife and son Manish reached Hazari Bagh on 26.07.2013. Preeti had already reached there. We decided to contact Abhishek's father Sunil. Accordingly, I talked to Sunil on phone. He too agreed that the matter is serious and further suggested that if Abhishek and Preeti have gone this far, we should solemnize their marriage. I also expressed my willingness for marriage between Abhishek and Preeti. He told me that he would visit Delhi on 15.12.2013 to discuss about the marriage. However, he did not come to Delhi in December, 2013. Accordingly, I alongwith my son Manish,my brother Bhupinder, Ravinder, nephew Yashwant and Shekhar and Abhishek's uncle Ram Rekha and Ram Baran reached Raurkela on 15.1.2014, where Sunil was posted. Discussions took place and Sunil told us that Abhishek is not ready to marry in next two years. However, it was decided that a ring ceremony would be performed on 8.3.2014 in the house of Ram Rekha Singh at Sahsaram, Bihar. However, I received a call from Ram Baran on 5th of 6th March, 2014 saying that the engagement slated for 8.3.3014 has to be cancelled. He further told me that the fresh venue and date of engagement would be informed to me on 10.5.2014.
I alongwith my wife and son had gone to Gaya on
23.5.2014 to attend a marriage. We met Sunil there who told me that his son Abhishek is not willing to marry Preeti. He also told me that he would prevail upon his son Abhishek and would come to Delhi on SC No.31/15. Page 19 of 26 2.7.2014 for further talks. Then, I received a call from Sunil on 13.7.2014 saying that he is unable to come to Delhi. At this point of time, I realized tha they are avoiding marriage of Abhishek with my daughter Preeti and I decided to report the matter to the Police.
Accordingly, I alongwith my daughter Preeti and my wife reached Police station after about three or four days where my daughter submitted a written complaint on the basis of which FIR was registered. Thereafter she was taken to RTRM Hospital for medical examination. An officials from NGO also counselled her in the police station."
23. He has not been cross examined on behalf of accused despite opportunities given to him.
24. The case set up by the prosecution is that accused was having sexual relation with the prosecutrix on the promise of marrying her.
25. Perusal of the written complaint Ex.PW5/A submitted by the prosecutrix in the police station, upon which FIR has been registered in this case, shows that the physical relations between the accused and the prosecutrix took place for the first time in a hotel near Chennai Central Railway Station in August, 2011 and were consensual as no force has been used by the accused at that time. The accused then committed sexual intercourse with her for the second time in a hotel in Paharganj, New Delhi, in November, 2011. This time he obtained her consent to the same by blackmailing her saying that he would upload her photographs, which he had clicked at the time of first incident of sexual intercourse between the two, on the internet in case she did not give her consent. Accused then continued her sexual exploitation SC No.31/15. Page 20 of 26 for about six months in the year 2012 in Delhi sometimes by blackmailing her, sometimes on the pretext of marriage and sometimes after beating her.
26. There is no evidence on record to indicate that the prosecutrix had accepted the marriage proposal of the accused or that she too was willing to marry him or that she had conveyed her willingness to the accused.
27. As per the deposition of the prosecutrix, the accused visited her PG residence in Chennai on the subsequent day when the incident of molestation had taken place and apologised for his acts. He told her that he just could not control himself and also told her that he loves her and wants to marry her but she did not give any reply to him at that time. She has deposed that at the time of sexual assault upon her by the accused in the hotel room near Chennai Railway Station in September, 2011 also, the accused told her that he loves her and wants to marry her. She told him that she cannot marry him in such manner.
28. The prosecutrix has nowhere deposed in her entire testimony that the accused had promised and assured her that he would marry her and it was only with this belief in her mind that she consented to physical relations with her. He had only told her that he wants to marry her and nothing more. This can't be termed as an promise of marriage. In fact, perusal of her testimony reveals that all the incidents of sexual intercourse between her and the accused were either forcible or preceeded by threats that he would expose her photographs. As already noted herein above, SC No.31/15. Page 21 of 26 as per the contents of the written complaint Ex.PW5/A of the prosecutrix, the physical relations between her and the accused had been always consensual but her consent had been obtained by the accused by blackmailing her saying that he would otherwise upload her photographs.
29. Thus the prosecutrix has deposed contrary to the prosecution case. Her deposition before this court is totally inconsistent and contrary to her written complaint Ex.PW5/A.
30. It appears that the prosecutrix herself is not sure in her mind as to whether she had subjected herself to the lust of the accused forcibly or on the belief that he is gong to marry her. She does not qualify as a sterling witness and therefore cannot be believed.
31. On the other hand, the photographs Ex.PW5/D5, Ex.PW5/D7, Ex.PW5/D16, Ex.PW5/D17, Ex.PW5/D18, Ex.PW5/D19, Ex.PW5/D20 & Ex.PW5/D21 tell a different tale. These photographs were shown to the prosecutrix during her cross examination by the Ld. Counsel for the accused and she admitted that she is seen in these photographs. The prosecutrix is seen partially nude in some of photographs and completely nude in the remaining. In a few of these photographs, the prosecutrix is seen in sexually provocative poses and has exposed even her private parts. A bare look at these photograph reveals that she had posed for these consciously and these have not been clicked clandestinely, without her knowledge. Further, these appear to have been taken in the kitchen and on the terrace but certainly not inside a room, much SC No.31/15. Page 22 of 26 less a hotel room.
32. The fact that these photographs have come from the custody of the accused would suggest that these had either been clicked by the accused himself or the prosecutrix had got these clicked from somebody else and had then sent these to the accused. In any case, it appears that the prosecutrix was sexually involved with the accused intensely. There is no other explanation of the fact as to how these nude and sexually provocative photographs of the prosecutrix had come to the hands of the accused.
33. It is nowhere the case of the prosecutrix that these photographs are morphed or manipulated. It is also not the case of the prosecution that the prosecutrix had uploaded these photographs on her Facebook Id, which is stated to have been hacked by the accused and the accused had downloaded these photographs from the same. Even otherwise also, it cannot be believed at all that a young girl would upload her partially nude and complete nude photographs on her Facebook Id.
34. The manner in which the prosecutrix answered the questions put to her regarding these photographs as to whether and when had these been clicked, indicates that some of these had been clicked by herself at her Gurgaon residence in the kitchen as well as in the bathroom. This suggests that the prosecutrix and the accused were having intimate sexual encounters at her Gurgaon residence also. These photographs completely negate the assertion of the prosecutrix that the SC No.31/15. Page 23 of 26 accused had been committing sexual intercourse with her forcibly and against her consent.
35. It appears that when the prosecutrix visited Chennai in September, 2011 to collect her certificates, she was herself inclined to stay with the accused and spend time with him. It is for this reason that she did not contact anybody at Chennai including her friend Sapna to inform them about her visit to Chennai and her intention to stay with her. She knew that the train would reach Chennai in the late evening hours as the arrival time is always mentioned on the train tickets. She had informed only the accused about her visit to Chennai. Therefore, it is evident that she wanted only accused to receive her at Railway Station so that she could stay with him for the night and to have sexual encounter with him.
36. The assertion of the prosecutrix that the accused used to threaten her to submit to his sexual lust or otherwise, he would upload her photographs on the internet which he had clicked at the time of first incident of sexual intercourse in the hotel near Chennai Central Railway Station, appears to be fabricated and baseless in view of the photographs Ex.PW5/D5, Ex.PW5/D7, Ex.PW5/D16, Ex.PW5/D17, Ex.PW5/D18, Ex.PW5/D19, Ex.PW5/D20 & Ex.PW5/D21, which appear to have been got clicked by the prosecutrix willingly for the accused in nude as well as partially nude. It is not the contention of the prosecutrix that these photographs had been taken in the aforesaid hotel room at Chennai at the time of first incident of sexual intercourse between the two. Therefore, the blackmailing threat cannot be believed at all. Consequently it is to be taken that the prosecutrix was having SC No.31/15. Page 24 of 26 voluntary sexual relations with the accused, being in deep love with him and the accused had not taken her consent to the physical relations either on any promise of marriage or by threats etc.
37. The prosecutrix had not informed even her parents about her intention to marry the accused or that the accused had promised to marry her. They came to know about sexual relations between prosecutrix and the accused on 14.7.2013 when the prosecutrix had gone to Ajmer to meet the accused, from where accused made a call to her parents revealing everything to them. It appears that thereafter the parents of the prosecutrix contacted the parents of the accused in order to persuade them to solemnize marriage of the accused with the prosecutrix. The accused's parents expressed their willingness for the marriage initially initially but later on backed out. The parents of the prosecutrix, in approaching the accused's parents with a proposal of marriage between the prosecutrix and the accused, did what every parent would do in such circumstances. But the fact remains that the accused had not extended any promise or assurance to marry the prosecutrix at any point of time and the consent of the prosecutrix for sexual relations with the accused was not influenced by any deceit or misrepresentation on the part of the accused.
38. It also needs note that the prosecutrix is distantly related to the accused and is elder to him. She was also senior to him in studies. These facts also show that it was not possible for the accused to trap the prosecutrix by holding out a false promise of marriage.
SC No.31/15. Page 25 of 2639. Resultantly, the prosecution has failed to prove the charges against the accused beyond reasonable doubt. The accused is liable to be acquitted and is hereby acquitted as such.
Announced in open (VIRENDER BHAT)
Court on 06.8.2015. Addl. Sessions Judge
(Special Fast Track Court)
Dwarka Courts, New Delhi.
SC No.31/15. Page 26 of 26