Delhi District Court
State vs . Nikhil Kaushik on 29 June, 2015
1
FIR No. 191/13
PS - Bawana
IN THE COURT OF SH. MAHESH CHANDER GUPTA :
ADDITIONAL SESSIONS JUDGE : SPECIAL FAST TRACK
COURT : NORTHWEST DISTRICT : ROHINI : DELHI
SESSIONS CASE NO. : 272/13
Unique ID No. : 02404R0224482013
State Vs. Nikhil Kaushik
S/o Sh. Jai Bhagwan Kaushik
R/o VPO Bhuwani Khera,
District Bhiwani (Haryana).
FIR No. : 191/13
Police Station : Bawana
Under Sections : 376 IPC
Date of committal to session Court : 12/08/2013
Date on which judgment reserved : 06/06/2015
Date on which judgment announced : 29/06/2015
J U D G M E N T
1. Briefly stated the case of the prosecution as unfolded by the report under section 173 Cr.P.C. is as under : 1 of 46 2 FIR No. 191/13 PS - Bawana That on 09/05/2013, SI Rekha was present in the PS - Bawana, complainant (name withheld being a case u/s 376 IPC), D/o Ranvir Singh, R/o Village - Sultan Pur Dabas, Delhi alongwith her mother Smt. Rekha came to the Police Station and made a complaint against Nikhil regarding rape/sexual assault with her. NGO Worker Anuradha was also called in the Police Station and in her presence, the complainant made the written complaint, addressed to SHO, PS - Bawana, to SI Rekha, the contents of which is to the effect that, that she is 20 years of age and is doing B.A. III Year from Aditi College, Bawana. She came in friendship with Nikhil Kaushik and the said friendship had gone too much ahead and in the first week of January, 2013, they both opted to treat as being own of each other (Ek Dusre Ko Apna Maan Liya) and he used to say that he will perform the marriage, regarding which none of her family member and his family members were knowing. He called her in the room of his friend Sachin Bamal which is situated near Border in Narela and despite her protest, Nikhil made the physical relations with her and when she said, let the family members be told, on which he said on the appropriate time, he will tell them and he will take her with him in front of all (Samay Aane Par Bata Dunga Aur Tumhe 2 of 46 3 FIR No. 191/13 PS - Bawana Sabke Saamne Apne Saath Le Jaunga) and he called her there few times (Kai Baar) and established physical relations without her consent, during this, her family members had fixed her marriage with Amit, S/o Raj Kumar, Village - Ghasoli, District - Sonipat, she told her refusal for marriage to her family members but did not disclose the reason, when she told Nikhil about this, on which he said that he is not doing any job therefore, cannot perform the marriage and when he will stand on his legs then he will perform marriage with her. Thereafter, her marriage took place on 31/01/2013 with Amit, when she came back to her parental house from her matrimonial house then he (Nikhil) again made phone call to her and pressurized her to meet him. On which she went to Narela, he used to come to take her in Bawana and had also come to drop her, he asked her to take divorce from her husband and told her to perform marriage with him (Nikhil), on which she told all about Nikhil to her husband Amit, regarding which her family members were not knowing but Amit had told all the things to her family members and due to her non disobedience (Na Maan Ne Ki Vajah), her divorce had taken place on 30/04/2013, when she told all about this to Nikhil on which he said that he after talking with his family members will take her away but 3 of 46 4 FIR No. 191/13 PS - Bawana thereafter, he did not try to talk with her, her family members talked with his (Nikhil) family members but his family members said let she be sent there (Ise Wahin Bhej Do), she alongwith her family members went to the house of Uncle of Nikhil at Rohtak where Nikhil was also present, he did not speak out anything and thereafter, Nikhil did not talk to her of any kind nor met her and now he is avoiding her. Legal action be taken against Nikhil as she is going to be the mother of the child of Nikhil. Councelling of the prosecutrix was also got done from Anuradha of NGO, Nav Shristi. On the basis of the complaint and from the inquiries made, finding that offence u/s 376 appeared to have been committed, the case was registered and the investigation was proceeded with by SI Rekha. During the course of investigation, medical examination of the prosecutrix was got conducted from M. V. Hospital vide MLC No. 1829/13 and the prosecutrix refused for her medical examination. Smt. Rekha, mother of the prosecutrix was present in the Hospital at the time of her medical examination. Site plan was prepared at the instance of the prosecutrix. Search for the circumstantial evidence was made at the spot but no evidence could be recovered due to the offence being old. Sachin, friend of accused Nikhil was also not living at the room where he used to 4 of 46 5 FIR No. 191/13 PS - Bawana live on rent. Interrogation was made from accused Nikhil Kaushik and finding sufficient evidence against him, he was arrested and his medical examination was got conducted at M. V. Hospital and the sealed exhibits handed over by the Doctor after his examination were taken into Police possession. During the course of investigation, prosecutrix disclosed that she does not want to give birth to the child of Nikhil and want to get her aborted and for this, she got admitted in M. V. Hospital. The concerned Doctor was informed about the case and was requested to give the sample of the foetus of the prosecutrix and that on 31/05/2013, Dr. Ekta handed over a sealed plastic dibbi containing 'product of conception on formaline for DNA Testing' which was taken into Police possession. Statement of the prosecutrix u/s 64 Cr.P.C. was got recorded. The sealed exhibits were sent to the FSL.
Upon completion of the necessary further investigation challan for the offence u/s 376 IPC was prepared against accused Nikhil Kaushik and was sent to the Court for trial.
2. Since the offence under section 376 IPC is exclusively triable by the Court of Session therefore, after compliance of the 5 of 46 6 FIR No. 191/13 PS - Bawana provisions of section 207 Cr.P.C. the case was committed to the Court of Session under section 209 Cr.P.C.
3. Upon committal of the case to the Court of session and after hearing on charge, prima facie a case under section 376 IPC was made out against the accused Nikhil Kaushik. The charge was framed accordingly, which was read over and explained to the accused to which he pleaded not guilty and claimed trial.
4. In support of its case prosecution has produced and examined 15 witnesses. PW1 - Dr. Rakesh Verma, Medical Officer, Maharishi Valmiki Hospital, Pooth Khurd, Delhi, PW2 - HC Krishan Pal, PW3 - HC Ramesh, PW4 - Dr. Ekta Kale, Medical Officer, Obs. & Gynae Department, Maharishi Valmiki Hospital, Pooth Khurd, New Delhi, PW5 - Constable Shashi, PW6 - Dr. C. Healer, Medical Officer, MV Hospital, Pooth Khurd, Delhi, PW7 - W/Constable Chitra, PW8 - Constable Brahm Pal, PW9 - Sh. Manoj Sangwan, Lecturer, Government Polytechnic, Hissar, Haryana, PW10 - Sh. Sandeep Gupta, Ld. MM, Rohini Courts, Delhi, PW11 - Prosecutrix (name withheld), PW12 - Dr. 6 of 46 7 FIR No. 191/13 PS - Bawana Geetanjali, Specialist, Gynae Department, MV Hospital, Delhi, PW13 - Smt. Rekha, PW14 - Ms. Monika Chakravarty, Senior Scientific Assistant/Reporting Officer, FSL, Rohini, Delhi and PW15 - SI Rekha.
5. In brief the witnessography of the prosecution witnesses is as under : PW1 - Dr. Rakesh Verma, Medical Officer, Maharishi Valmiki Hospital, Pooth Khurd, Delhi, who deposed that on 09/05/2013, one patient/prosecutrix (name withheld) D/o Sh. Ranbir Singh, age 20 female was brought to Hospital for medical examination with alleged history of sexual assault. On local examination no fresh external injury were seen. Thereafter, the patient was referred to SR Gynae for further examination. He prepared the MLC and same is Ex. PW1/A bearing his signature at point 'A'.
PW2 - HC Krishan Pal is the Duty Officer, who deposed that on 09/05/2013, he was posted as Duty Officer in PS Bawana and was on duty from 5:00 p.m. to 9:00 a.m. On that day, at about 6:00 p.m., he received a rukka from W/SI Rekha, on the basis of which and on his 7 of 46 8 FIR No. 191/13 PS - Bawana instruction the present FIR No. 191/13, u/s 376 IPC was registered. After registration of FIR, he handed over the copy of FIR and rukka to Constable Sailender for handing over to SI Rekha. He has brought the original FIR register, the copy of FIR is Ex. PW2/A (OSR) bearing his signatures at point 'A'. He made an endorsement on the rukka and the same is Ex. PW2/B. PW3 - HC Ramesh is the MHC(M), who deposed that on 13/05/2013, he was posted as MHC(M) Duty Officer in PS Bawana. On that day, W/SI Rekha had deposited one sealed pullinda alongwith sample seal in the Malkhana. He made an entry at Serial No. 252 of Register No. 19. On 31/05/2013, W/SI Rekha had deposited one sealed pullinda alongwith sample seal in the Malkhana. He made an entry at Serial No. 307 of Register No. 19. On 07/06/2013, on the instruction of the IO, he handed over the sealed pullinda alongwith sample seal to Constable Shashi Kumar for depositing in FSL vide RC No. 168/21/13 and after depositing the same in FSL he had deposited the acknowledgment receipt with him. He has brought the Register No. 19 and 21. The copy of the relevant entries of Register No. 19 is Ex. PW3/A 8 of 46 9 FIR No. 191/13 PS - Bawana and the copy of the relevant entry is Ex. PW3/B and the copy of the acknowledge receipt is Ex. PW3/C (OSR). The sealed pullinda remained intact during his custody.
PW4 - Dr. Ekta Kale, Medical Officer, Obs. & Gynae Department, Maharishi Valmiki Hospital, Pooth Khurd, New Delhi, who deposed that on 29/05/2013, one patient/prosecutrix (name withheld), D/o Ranbir Singh, age - 20 years was admitted in their Hospital for medical termination of pregnancy. She had 2½ months pregnancy. Per abdominal examination uterus 14 week size. Per speclum examination - Os open, bleeding plus. She has done medical termination of pregnancy product of conception removed according to period of gestation. Sample taken and handed over to IO. She has brought the record of the patient vide CR No. 3453/13. The copy of the same is collectively Ex. PW4/A. Original seen and returned.
PW5 - Constable Shashi, who deposed that on 12/05/2013, he was posted as Constable at PS Bawana. On that day, he alongwith SI Rekha and Constable Braham Pal went to Aditi College. There SI Rekha 9 of 46 10 FIR No. 191/13 PS - Bawana received a secret information and at the instance of complainant/prosecutrix (name withheld) a person was apprehended near Aditi College whose name was revealed as Nikhil Kaushik. Accused Nikhil Kaushik was arrested after interrogation vide arrest memo Ex. PW5/A which bears his signature at Point 'A'. His personal search was also conducted vide personal search memo Ex. PW5/B which bears his signature at Point 'A'. Accused was got medically examined from MV Hospital. Thereafter, they returned to the Police Station and accused was sent to lockup. His statement was recorded by the IO. Accused Nikhil Kaushik is present in the Court (correctly identified).
PW6 - Dr. C. Healer, Medical Officer, MV Hospital, Pooth Khurd, Delhi, who deposed that he has examined one patient Nikhil S/o Jai Bhagwan who was brought by Constable Shashi on 12/05/2013 at about 11:15 p.m. for his potency test. He has examined his sexual organs i.e testicles and after observing from various angle he was of the opinion that patient could perform sexual activities. The MLC of the patient is Ex. PW6/A signed by him at Point 'A'.
10 of 46 11 FIR No. 191/13 PS - Bawana PW7 - W/Constable Chitra, who deposed that on 09/05/2013, she was posted at PS Bawana and joined investigation with the IO in the present case. On that day, she alongwith IO and complainant/prosecutrix (name withheld) reached at MB Hospital, Pooth Khurd for her medical examination. Victim/prosecutrix (name withheld) refused for internal medical examination and her urine pregnancy test was positive. Constable Shailender with the copy of FIR and rukka reached at the Hospital and handed over the same to IO SI Rekha. Statement of victim/prosecutrix (name withheld) was recorded by the IO.
PW8 - Constable Brahm Pal, who deposed that on 12/05/2013, he was posted at PS Bawana. On that day, he alongwith Constable Shashi were in investigation with the IO SI Rekha in the present case. Complainant/prosecutrix (name withheld) was also with them. They were present at Bawana Chowk. Secret informer gave information to the IO that accused Nikhil would come near Aditi College. Accused Nikhil, present in the Court (correctly identified) was apprehended at the instance of complainant/prosecutrix (name withheld). IO made inquiries from accused Nikhil and thereafter, he was arrested in 11 of 46 12 FIR No. 191/13 PS - Bawana the present case vide arrest memo already Ex. PW5/A bearing his signature at point 'B' and signature of complainant/prosecutrix (name withheld) at point 'C'. Personal search of accused Nikhil was also conducted by IO and is already Ex. PW5/B bearing his signature at point 'B'. Disclosure statement of accused Nikhil was recorded by IO. Same is now Ex. PW8/A bearing his signature at point 'A'. Statement of prosecutrix (name withheld) was recorded by IO. He alongwith Constable Shashi on the instruction of IO alongwith accused Nikhil reached MB Hospital for the medical examination of accused. Medical examination of accused was got done. They returned to Police Station and handed over the custody of the accused to the IO.
PW9 - Sh. Manoj Sangwan, Lecturer, Government Polytechnic, Hissar, Haryana, who deposed that he is working as lecturer in Government Polytechnic Hissar, Haryana since September, 2012. He has brought the summoned record that is permissioncumadmission form of the student Nikhil in the above Institute, the original permission cumadmission form and attested copy of marksheet of CBSE, Secondary School of the student Nikhil are Ex. PW9/A and Ex. PW9/B 12 of 46 13 FIR No. 191/13 PS - Bawana (OSR). As per record i.e. the CBSE Certificate of Secondary Examination, the date of birth of Nikhil is 05/07/1994.
PW10 - Sh. Sandeep Gupta, Ld. MM, Rohini Courts, Delhi, who deposed that on 10/03/2013, he was posted as MM in Rohini Court. On that day, an application for recording statement u/s 164 Cr.P.C. of victim/prosecutrix (name withheld) D/o Ranbir Singh, Age 20 Years, R/o Village Sultan Puri Dabas, Delhi, and was marked to him. Application is now Ex. PW10/A. IO SI Rekha produced victim/prosecutrix (name withheld) and identified her and he recorded her statement in this regard. IO was asked to leave the Chamber. He had put certain preliminary questions to the victim and after satisfying himself that she is making the statement voluntarily, he proceeded to record her statement. His proceedings in this regard is Ex. PW10/B bearing his signature at Points 'A', 'B' and 'C'. Statement of victim/prosecutrix (name withheld) recorded by him is Ex. PW10/C bearing his signature at Points 'D' & 'E' and signature of victim/prosecutrix (name withheld) at Points 'X1' to 'X6'. After recording the statement, he issued the certificate regarding its 13 of 46 14 FIR No. 191/13 PS - Bawana correctness and the same is Ex. PW10/D bearing his signature at Points 'F' & 'G'. Ahlmad was directed to give the copy of the same on proper receipt and directed to send the proceedings to the concerned MM in sealed cover. A copy of statement was supplied to the IO on her application now Ex. PW10/E. PW11 - Prosecutrix (name withheld) is the victim who deposed regarding the incident and proved her complaint Ex. PW11/C and her statement recorded u/s 164 Cr.P.C. already Ex. PW10/C, copy of the Panchayat Rajinama Ex. PW11/A and copy of her affidavit dated 30/04/2013 annexed with the Panchayat Rajinama sworn by her Ex. PW11/B and deposed regarding the investigational aspects which she joined. She resiled from her previous statement and was also cross examined by the Learned Addl. PP for the State.
PW12 - Dr. Geetanjali, Specialist, Gynae Department, MV Hospital, Delhi, who deposed that she has been deputed by the MS of the Hospital to depose on behalf of Dr. Priyanka, SR Gynae who has since left the services of Hospital and her present whereabouts are not known.
14 of 46 15 FIR No. 191/13 PS - Bawana She is acquainted with the handwriting and signatures of Dr. Priyanka as she has seen her signing and writing during the official course of the duties. As per the MLC No. 12076, on 09/05/2013 at about 6:30 p.m. patient/prosecutrix (name withheld) D/o Ranbir Singh Age 20 Years, Female was produced in the Hospital by Police. She was initially examined in the casualty by Dr. Rakesh Verma and then referred to SR Gynae. She was examined by Dr. Priyanka in the Gynae Department. The patient refused for her internal examination. Her UPT was found positive. The detailed notings of Dr. Priyanka is from portion 'X to X' on the MLC already Ex. PW1/A, bearing the signature of Dr. Priyanka at point 'B'.
PW13 - Smt. Rekha is the mother of the prosecutrix, who deposed that she has three children and prosecutrix (name withheld) is her second child. She got married prosecutrix (name withheld) to Amit prior to two years from the date of registration of FIR of the present case. She (PW13) is illiterate. After the marriage her daughter/prosecutrix (name withheld) went to the matrimonial house situated at Village Ghasoli, Distt. Ganaur, Haryana. After 2/3 months of the marriage, her 15 of 46 16 FIR No. 191/13 PS - Bawana daughter/prosecutrix (name withheld) came to her house from her matrimonial house and informed her that she loves Nikhil Kaushik and now she is pregnant from Nikhil Kaushik. Prosecutrix (name withheld) had not informed about her friendship/affair with Nikhil Kaushik prior to her marriage with Amit. Her daughter/prosecutrix (name withheld) had informed about her friendship with Nikhil to her inlaws so a Panchayat was held during which her daughter got divorced from Amit. A document was executed regarding divorce of her daughter/prosecutrix (name withheld) from Amit in the Panchayat. She admitted her signature on the 'Panchayati Rajinama' already Ex. PW11/A at Point 'C'. Then she alongwith her devar Rajbir and with some other persons of village went to the house of uncle (Chacha) of accused Nikhil Kaushik with the proposal of marriage of her daughter/prosecutrix (name withheld) with accused Nikhil Kaushik. However, accused Nikhil Kaushik and his family members refused to perform marriage of accused Nikhil Kaushik with prosecutrix (name withheld). Then her daughter/prosecutrix (name withheld) got the FIR registered against accused Nikhil Kaushik. Her daughter/prosecutrix (name withheld) got aborted her pregnancy in the Hospital. Accused Nikhil Kaushik was 16 of 46 17 FIR No. 191/13 PS - Bawana arrested by Police. Accused Nikhil Kaushik performed marriage with her daughter/prosecutrix (name withheld) six months back and now her daughter/prosecutrix (name withheld) is living with accused Nikhil Kaushik in his house. Accused Nikhil Kaushik is present in the Court (correctly identified). Her statement was recorded by the IO. She produced the photocopy of the Birth Certificate of her daughter/prosecutrix (name withheld) to the Police which was seized by Police vide seizure memo Ex. PW13/A bearing her signature at Point 'A'. She also produced the photographs of marriage of her daughter/prosecutrix (name withheld) with Amit and the photocopy of documents pertaining to divorce of prosecutrix (name withheld) with Amit in Panchayat. These documents were also seized by Police vide seizure memo Ex. PW13/B bearing her signature at Point 'A'. The copy of Birth Certificate of prosecutrix (name withheld) and the copy of her certificate issued by CBSE are Mark PW13/PX and Ex. PW13/PX1.
PW14 - Ms. Monika Chakravarty, Senior Scientific Assistant/Reporting Officer, FSL, Rohini, Delhi, who proved the DNA Report Ex. PW14/A and Genotype Analysis Ex. PW14/B respectively 17 of 46 18 FIR No. 191/13 PS - Bawana bearing her signature at points 'A'.
PW15 - SI Rekha is the Investigating Officer (IO) of the case, who deposed that on 09/05/2013, she was posted as SI at PS Bawana. On that day, in the evening time prosecutrix (name withheld) came to PS alongwith her mother Smt. Rekha. Victim/prosecutrix (name withheld) produced a handwritten complaint before her in which she had leveled allegations of committal of rape upon her on the pretext of marriage against Nikhil Kaushik. She called the Member NGO for providing counseling to the prosecutrix. After sometime Member NGO came and provided counseling to the prosecutrix. Then she made endorsement Ex. PW15/A on the complaint of prosecutrix and handed over the Tehrir to Duty officer for registration of FIR. She alongwith L/Constable Chitra, prosecutrix and her mother went to MV Hospital. There she got conducted the medical examination of the prosecutrix. There the prosecutrix refused for her internal examination. The UPT test of prosecutrix was positive. She recorded the statement of victim and then she was discharged from the investigation on that day. In the meantime, Constable Shailender came to MV Hospital and handed over 18 of 46 19 FIR No. 191/13 PS - Bawana copy of FIR and Tehrir to her. She alongwith Constable Chitra returned to PS. She recorded the statements of Constable Shailender and Constable Chitra. On the next day, she went to the house of prosecutrix situated in Sultan Pur Dabas and then alongwith her went to the place where incident took place i.e. the rented house of friend of accused Nikhil Kaushik situated in Village Kundli, Sonepat. She prepared site plan Ex. PW15/B at the instance of prosecutrix which bears her signature at Point 'A'. Then she alongwith prosecutrix came to Rohini Court. She got recorded the statement of prosecutrix u/s 164 Cr.P.C. On 12/05/2013, she received information that accused Nikhil Kaushik would come in Bawana Market at about 8:00 or 9:00 p.m. She conveyed the said information to the prosecutrix. Then she alongwith Constable Shashi, Constable Brahampal and prosecutrix went to Bawana market. When they reached Near Aditi College Near Bawana Market, prosecutrix pointed towards one person standing there by identifying him as Nikhil Kaushik. Accused Nikhil Kaushik was apprehended and interrogated. She arrested accused Nikhil Kaushik vide arrest memo already Ex. PW5/A bearing her signature at Point 'C'. His personal search was conducted vide memo already Ex. PW5/B bearing her signature at Point 19 of 46 20 FIR No. 191/13 PS - Bawana 'C'. She sent accused Nikhil Kaushik with Constable Brahampal and Constable Shashi to MV Hospital for getting him medically examined. She recorded the supplementary statement of the prosecutrix and discharged her from the investigation. She came to PS. Constable Shashi and Constable Brahampal reached to PS alongwith accused from MV Hospital and produced a sealed parcel before her. The said parcel was taken into Police possession vide seizure memo Ex. PW15/C bearing her signature at Point 'A'. She deposited the case property in Malkhana. On the next day accused Nikhil Kaushik was produced in the Court and she obtained one day Police custody remand of accused Nikhil Kaushik. During PC remand accused led them to the house of his friend where offence was committed, situated in Kundli, Sonepat. She prepared pointing out memo which is Ex. PW15/D bearing her signature at Point 'A'. On 28/05/2013, she went to the house of prosecutrix for investigation, there she came to know that prosecutrix had gone to MV Hospital. She went to MV Hospital and there she found that prosecutrix got admitted herself for abortion. On 31/05/2013, she again went to MV Hospital. On that day Doctor handed over a sealed parcel containing the product of conception of prosecutrix which was seized by her vide memo 20 of 46 21 FIR No. 191/13 PS - Bawana Ex. PW15/E bearing her signature at Point 'A'. She returned to PS and deposited the same in Malkhana. On 07/06/2013, she got deposited the sealed exhibits with FSL through Constable Shashi. She recorded the statements of Constable Shashi and MHC(M). On 07/08/2013, Smt. Rekha came to PS and produced the photocopies of Affidavit and Compromised Deed regarding the divorce obtained by prosecutrix from her husband Amit. These documents were seized by her vide seizure memo already Ex. PW13/B bearing her signature at Point 'B'. After completing the investigation she filed the chargesheet. Accused Nikhil Kaushik is present in the Court (correctly identified).
The testimonies of the prosecution witnesses shall be dealt with in detail during the course of appreciation of evidence.
6. Statement of accused Nikhil Kaushik was recorded u/s 313 Cr.P.C. wherein he pleaded innocence and false implication. Accused Nikhil Kaushik did not opt to lead any defence evidence.
7. Learned Counsel for the accused submitted that prosecutrix 21 of 46 22 FIR No. 191/13 PS - Bawana has not supported the prosecution and the prosecution has failed the prove its case beyond reasonable doubts and prayed for the acquittal of the accused on the charge levelled against him.
8. While the Learned Addl. PP for the State, on the other hand, submitted that the testimonies of the prosecution witnesses are cogent and consistent and the contradictions and discrepancies as pointed out are minor and not the material one's and do not affect the credibility of the witnesses and the prosecution has proved its case beyond reasonable doubt.
9. I have heard Ms. Kiran Bala, Learned Addl. PP for the State and Sh. Mukesh Sharma, Learned Counsel for the accused and have also carefully perused the entire record.
10. The charge for the offence punishable u/s 376 IPC against the accused Nikhil Kaushik is that in the first week of January, 2013 at house of his friend Sachin Bamal near Narela Border, within the jurisdiction of PS - Bawana, he committed rape upon prosecutrix (name 22 of 46 23 FIR No. 191/13 PS - Bawana withheld) against her will and without her consent and thereafter many times committed rape upon prosecutrix (name withheld) against her will and without her consent and also on the pretext of marrying with her at the house of his friend Sachin Bamal and due to which she became pregnant and her abortion was taken place on 31/05/2013 in Maharishi Balmiki Hospital.
11. It is to be mentioned that as a matter of prudence, in order to avoid any little alteration in the spirit and essence of the depositions of the material witnesses, during the process of appreciation of evidence at some places their part of depositions have been reproduced, in the interest of justice.
AGE OF THE PROSECUTRIX
12. PW13 - Smt. Rekha, mother of the prosecutrix in her examinationinchief has deposed that she produced the photocopy of the Birth Certificate of her daughter/prosecutrix (name withheld) to the Police which was seized by Police vide seizure memo Ex. PW13/A bearing her signature at Point 'A'. The copy of Birth Certificate of 23 of 46 24 FIR No. 191/13 PS - Bawana prosecutrix (name withheld) and the copy of her certificate issued by CBSE are Mark PW13/PX and Ex. PW13/PX1.
Perusal of the copy of the Birth Certificate of the prosecutrix issued by MCD Mark PW13/PX as well as the copy of her Delhi Secondary School Examination 2008 Certificate CBSE Mark PW13/PX1, clearly indicates her date of birth as 14/10/1992.
Moreover, the said factum of age of PW11 - prosecutrix has also not been disputed by accused Nikhil Kaushik. Nor any evidence to the contrary has been produced or proved on the record on behalf of the accused.
In the circumstances, it stands established on the record that the date of the birth of the prosecutrix is 14/10/1992.
As the date of alleged incident is in the first week of January, 2013, on simple arithmetical calculation, the age of the prosecutrix comes to 20 years, 01 month and 23 days as on 07/01/2013, taking it as the date of alleged incident in the first week of January, 2013.
In the circumstances, it stands proved on record that 24 of 46 25 FIR No. 191/13 PS - Bawana PW11 - prosecutrix was aged 20 years, 01 month and 23 days as on 07/01/2013, taking it as the date of alleged incident in the first week of January, 2013.
MEDICAL EVIDENCE OF THE PROSECUTRIX
13. PW1 - Dr. Rakesh Verma, Medical Officer, Maharishi Valmiki Hospital, Pooth Khurd, Delhi has deposed that on 09/05/2013, one patient/prosecutrix (name withheld) D/o Sh. Ranbir Singh, age 20 female was brought to Hospital for medical examination with alleged history of sexual assault. On local examination no fresh external injury were seen. Thereafter, the patient was referred to SR Gynae for further examination. He prepared the MLC and same is Ex. PW1/A bearing his signature at point 'A'.
There is nothing in the crossexamination of PW1 - Dr. Rakesh Verma so as to impeach his creditworthiness.
PW12 - Dr. Geetanjali, Specialist, Gynae Department, MV Hospital, Delhi has deposed that she has been deputed by the MS of the Hospital to depose on behalf of Dr. Priyanka, SR Gynae who has since 25 of 46 26 FIR No. 191/13 PS - Bawana left the services of Hospital and her present whereabouts are not known. She is acquainted with the handwriting and signatures of Dr. Priyanka as she has seen her signing and writing during the official course of the duties. As per the MLC No. 12076, on 09/05/2013 at about 6:30 p.m. patient/prosecutrix (name withheld) D/o Ranbir Singh Age 20 Years, Female was produced in the Hospital by Police. She was initially examined in the casualty by Dr. Rakesh Verma and then referred to SR Gynae. She was examined by Dr. Priyanka in the Gynae Department. The patient refused for her internal examination. Her UPT was found positive. The detailed notings of Dr. Priyanka is from portion 'X to X' on the MLC already Ex. PW1/A, bearing the signature of Dr. Priyanka at point 'B'.
PW4 - Dr. Ekta Kale, Medical Officer, Obs. & Gynae Department, Maharishi Valmiki Hospital, Pooth Khurd, New Delhi has deposed that on 29/05/2013, one patient/prosecutrix (name withheld), D/o Ranbir Singh, age - 20 years was admitted in their Hospital for medical termination of pregnancy. She had 2½ months pregnancy. Per abdominal examination uterus 14 week size. Per speclum examination - Os open, bleeding plus. She has done medical termination of pregnancy 26 of 46 27 FIR No. 191/13 PS - Bawana product of conception removed according to period of gestation. Sample taken and handed over to IO. She has brought the record of the patient vide CR No. 3453/13. The copy of the same is collectively Ex. PW4/A. Original seen and returned.
Despite grant of opportunity, PW12 - Dr. Geetanjali and PW4 - Dr. Ekta Kale and were not crossexamined on behalf of the accused.
In view of above and in the circumstances, the medical and the gynaecological examination vide MLC Ex. PW1/A and from portion 'X' to 'X' on the MLC Ex. PW1/A as well as the MTP Report Ex. PW4/A of PW11 - prosecutrix stands proved on the record. VIRILITY OF THE ACCUSED NIKHIL KAUSHIK
14. PW6 - Dr. C. Healer, Medical Officer, MV Hospital, Pooth Khurd, Delhi has deposed that he has examined one patient Nikhil S/o Jai Bhagwan who was brought by Constable Shashi on 12/05/2013 at about 11:15 p.m. for his potency test. He has examined his sexual organs i.e testicles and after observing from various angle he was of the opinion 27 of 46 28 FIR No. 191/13 PS - Bawana that patient could perform sexual activities. The MLC of the patient is Ex. PW6/A signed by him at Point 'A'.
Despite grant of opportunity, PW6 - Dr. C. Healer was not crossexamined on behalf of the accused.
In view of above and in the circumstances, it stands proved on the record that accused Nikhil Kaushik was capable to perform sexual activities.
DNA FINGER PRINTING EVIDENCE
15. PW14 - Ms. Monika Chakravarty, Senior Scientific Assistant/Reporting Officer, FSL, Rohini, Delhi has proved the DNA Reports Ex. PW14/A and Genotype Analysis Ex. PW14/B respectively bearing her signature at points 'A'.
As per DNA Report Ex. PW14/A, the description of the sources, DNA examination, result of examination and conclusion reads as under : 28 of 46 29 FIR No. 191/13 PS - Bawana DESCRIPTION OF THE SOURCE Forensic Sample received on 07/06/2013 Parcel '1' : One sealed cloth parcel sealed with the seal of 'MS MB HOSPITAL POOTH KHURD' containing exhibit '1' kept in a plastic container.
Exhibit '1' : Dark brown liquid in a tube described as produce of conception in formalin.
Parcel '3' : One sealed cloth parcel sealed with the seal of 'MS MB HOSPITAL POOTH KHURD' containing exhibit '3'. Exhibit '3' : Gauze cloth piece having brown stains described as blood sample of accused.
DNA EXAMINATION The Exhibits '1' (Produce of conception) & '3' (Blood in gauze of accused) were subjected to DNA isolation. DNA was isolated from the source of exhibits '1' & '3'. Female DNA profiles were generated from the source of exhibits '1' & Male DNA profiles were generated from the source of exhibit '3' using AmpFL STR Minifiler plus PCR amplification kit. STR analysis was used for each of the exhibits. Data was analysed using GeneMapper Idx software.
CONCLUSION 29 of 46 30 FIR No. 191/13 PS - Bawana The DNA profiling (STR analysis) performed on the source of exhibits '1' (Product of conception) & '3' (Blood in gauze of accused) was sufficient to conclude that the DNA profile from the source of exhibit '3' (Blood in gauze of accused) is not similar with the DNA profile from the source of exhibit '1' (Product of conception). Note : Remnants of the exhibits have been sealed with seal of "MCh FSL DELHI".
As per Genotype analysis using MICROSATELLITES Ex. PW14/B reads as under :
1) D8S1179 2) D21S11 3) D7S820 4) CSFIPO 5) D3S1358 6) TH01 7) D13S317 8) D16S539 9) D2S1338 10) D19S433 11) VWA 12) TPOX 13) D18S51 14) D5S818 15) FGA 16) AMELOGENIN Allele data LOCI Exhibit '1' Exhibit '3' (Product of (Blood in gauze conception) of accused) D8S1179 12, 14 12, 16 D21S11 31, 32.2 28, 32.2 D7S820 8, 11 8, 10 CSFIPO 12, 12 10, 11 30 of 46 31 FIR No. 191/13 PS - Bawana D3S1358 16, 16 14, 16 TH01 6, 6 6, 9.3 D13S317 11, 12 11, 12 D16S539 11, 12 9, 13 D2S1338 18, 19 18, 18 D19S433 15, 15 14, 14.2 VWA 17, 18 17, 18 TPOX 8, 11 9, 11 D18S51 12, 14 14, 15 D5S818 12, 13 11, 13 FGA 20, 25 19, 20 AMELOGENIN X, X X, Y As per the DNA Report Ex. PW14/A, with regard to the description of the articles contained in the parcels, it is noticed that Parcel No. 1 belongs to the prosecutrix which was seized vide seizure memo Ex. PW15/E, dated 31/05/2013 and parcel no. 3 belongs to accused Nikhil Kaushik which were seized vide seizure memo Ex. PW15/C, dated 13/05/2013.
31 of 46 32 FIR No. 191/13 PS - Bawana On careful perusal and analysis of the DNA Report Ex. PW14/A coupled with the Genotype Analysis Ex. PW14/B, it clearly shows that the DNA profiling (STR analysis) performed on the source of exhibits '1' (Product of conception of the prosecutrix) & exhibit '3' (Blood in gauze of accused Nikhil Kaushik) was sufficient to conclude that the DNA profile from the source of exhibit '3' (Blood in gauze of accused Nikhil Kaushik) is not similar with the DNA profile from the source of exhibit '1' (Product of conception of the prosecutrix).
16. Now let the testimony of PW11 Prosecutrix be perused and analysed.
PW11 Prosecutrix, in her examinationinchief has deposed which is reproduced and reads as under : "I know Nikhil Kaushik and I love him. I know Nikhil Kaushik since the year 2012. I came to know Nikhil Kaushik through facebook and thereafter we started exchanging messages. Thereafter we used to meet each other and we entered into physical relationship at village Kundli, ahead of Narela. The physical relationship was entered into with Nikhil Kaushik on his assurance that he will perform the marriage with me. But Nikhil Kaushik did not perform the marriage 32 of 46 33 FIR No. 191/13 PS - Bawana with me on one pretext or the other and during this my family members performed my marriage with one person named Amit on 31/01/2013 of Gannuar, Distt. Sonipat, Haryana. I had stayed only for two days at my matrimonial house at Gannuar, Distt. Sonipat, Haryana and thereafter had come to my parental house and after taking my exams then I had gone to my matrimonial house at Gannuar, Distt. Sonipat, Haryana. There at my matrimonial house I told Amit that I cannot stay here (Mein Yaha Nhi Reh Sakti) and told him that I love Nikhil Kaushik and I want to marry with him (Nikhil Kaushik). On which Amit told about the said fact to my family members, who were previously not knowing the said facts (Mere Ghar Wale Is Bare Me Pahle Se Nhi Jante The). I told Amit that I want divorce from him. Thereafter my parents came at my matrimonial house and made me understand not to do so but I remained firm. Thereafter panchayat was called and a panchayat Rajinama was executed and my marriage with Amit was dissolved by mutual consent. The copy of the panchayat Rajinama is Ex. PW11/A bearing my signature at point 'A', of my father Sh. Ranbir Singh at point 'B', of my mother Rekha at point 'C', of Amit at point 'D', of Sh. Rajender father of Amit at point 'E' and of other witnesses. The copy of my affidavit dated 30/04/2013 annexed with the panchyat Rajinam (Rajinama), sworn by me is Ex. PW11/B bearing my signatures at point 'A', 'B' and 'C'. My marriage talks took place with the parents of Nikhil Kaushik but they refused flatly, on which on the instruction of my parents and under the impulse of anger I got registered the case vide a written complaint to the SHO PS Bawana which is Ex. PW11/C bearing my signatures at point 'A'. I was pregnant from Nikhil Kaushik at that time. I was taken by the Police to the Hospital and my medical examination got conducted. My statement u/s 164 Cr.P.C was recorded which is already Ex. PW10/C bearing my signature at point 'X1' to 'X6'. Vol. I made the statement on 33 of 46 34 FIR No. 191/13 PS - Bawana the tutoring of the IO.
I can identify accused Nikhil Kaushik if shown to me. At this stage, the wooden partition has been removed. Accused Nikhil Kaushik is present in the Court (correctly identified).
The wooden partition now has been restored to its original position.
Accused Nikhil Kaushik was arrested by Police in this case vide arrest memo already Ex. PW5/A bearing my signature at point 'C'.
I have married with accused Nikhil Kaushik and now he is my husband and I am his wife. I have nothing more to say."
From the aforesaid narration of PW11 - prosecutrix, it is clear that she knows Nikhil Kaushik and she loves him. She know Nikhil Kaushik since the year 2012. She came to know Nikhil Kaushik through facebook and thereafter they started exchanging messages. Thereafter, they used to meet each other and they entered into physical relationship at village Kundli, ahead of Narela. The physical relationship was entered into with Nikhil Kaushik on his assurance that he will perform the marriage with her. But Nikhil Kaushik did not perform the marriage with her on one pretext or the other and during this her family members performed her marriage with one person named Amit on 31/01/2013 of 34 of 46 35 FIR No. 191/13 PS - Bawana Gannuar, Distt. Sonipat, Haryana. She had stayed only for two days at her matrimonial house at Gannuar, Distt. Sonipat, Haryana and thereafter had come to her parental house and after taking her exams then she had gone to her matrimonial house at Gannuar, Distt. Sonipat, Haryana. There at matrimonial house she told Amit that she cannot stay here (Mein Yaha Nhi Reh Sakti) and told him that she loves Nikhil Kaushik and she want to marry with him (Nikhil Kaushik). On which Amit told about the said fact to her family members, who were previously not knowing the said facts (Mere Ghar Wale Is Bare Me Pahle Se Nhi Jante The). She told Amit that she want divorce from him. Thereafter, her parents came at her matrimonial house and made her understand not to do so but she remained firm. Thereafter panchayat was called and a panchayat Rajinama was executed and her marriage with Amit was dissolved by mutual consent. The copy of the panchayat Rajinama is Ex. PW11/A bearing her signature at point 'A', of her father Sh. Ranbir Singh at point 'B', of her mother Rekha at point 'C', of Amit at point 'D', of Sh. Rajender father of Amit at point 'E' and of other witnesses. The copy of her affidavit dated 30/04/2013 annexed with the panchyat Rajinam (Rajinama), sworn by her is Ex. PW11/B bearing her signatures at point 35 of 46 36 FIR No. 191/13 PS - Bawana 'A', 'B' and 'C'. Her marriage talks took place with the parents of Nikhil Kaushik but they refused flatly, on which on the instruction of her parents and under the impulse of anger she got registered the case vide a written complaint to the SHO PS Bawana which is Ex. PW11/C bearing her signatures at point 'A'. She was pregnant from Nikhil Kaushik at that time. She was taken by the Police to the Hospital and her medical examination got conducted. Her statement u/s 164 Cr.P.C was recorded which is already Ex. PW10/C bearing her signature at point 'X1' to 'X6'. Vol. I made the statement on the tutoring of the IO. She correctly identified accused Nikhil Kaushik present in the Court. Accused Nikhil Kaushik was arrested by Police in this case vide arrest memo already Ex. PW5/A bearing her signature at point 'C'. She had married with accused Nikhil Kaushik and now he is her husband and she is his wife. She has nothing more to say.
PW11 - Prosecutrix was also crossexamined by the Learned Addl. PP for the State as she was resiling from her previous statement which is reproduced and reads as under : "I had stayed for about one month at my parental house 36 of 46 37 FIR No. 191/13 PS - Bawana when I had come there first time after my marriage with Amit. The phone calls of accused Nikhil used to come during the said period. He had also made physical relation with me during the said period. It is wrong to suggest that that physical relation were made with me by accused Nikhil during the said period without my consent Vol. the physical relation were made with my consent. It is correct that the accused Nikhil had told me that he will not perform the marrige (marriage) by this time (Abhi Shadi Nhi Karunga) and will perform the marriage only when he is settled (Shadi Jab Karunga Jab Mein Apne Paro Pe Khada Ho Januga). Sachin is the friend of accused Nikhil. Sachin is resident of the same village Bawani Khera of which accused Nikhil is. I and accused Nikhil used to meet at the room of Sachin and the physical relation were being performed between me and accused Nikhil at the room of Sachin. It is wrong to suggest that the statement u/s 164 Cr.P.C. was made by me of my own free will or that there was no pressure of the Police upon me and no tutoring of me by the Police at the time of making of the said statement. It is wrong to suggest that I have deposed today that there was pressure/tutoring of the Police at the time of making of my statement u/s 164 Cr.P.C as I have perform the marriage with accused Nikhil Kaushik. It is wrong to suggest that the complaint Ex. PW11/C was made by me in a normal state of mind and not at the instance of my parents and not under any impulse of anger. It is wrong to suggest that I am concealing the true fact for the reason that I have since married with accused Nikhil Kaushik and in order to save my family life. It is wrong to suggest that I am deposing falsely."
(Underlined by me) PW11 - Prosecutrix during her crossexamination by the 37 of 46 38 FIR No. 191/13 PS - Bawana Learned Counsel for accused has deposed that : "No pressure of any type was made upon me by accused Nikhil Kaushik when I used to go to meet him at Kundli. No pressure was put up on me by accused Nikhil Kaushik when the physical realtion (relation) made between me and him at Kundli Vol. the physcial relations were made with my consent. The main reason for not performing the marriage with me as told by Nikhil Kaushik was that he was not having any job. The complaint Ex. PW11/C was written by me on the dictation of some uncle. At the time of the making of the statement u/s 164 Cr.P.C. Ex. PW10/C I was mentally upset and had made the statement on the tutoring of my mother and the police. There was no pressure upon me or blackmailing done by accused Nikhil Kaushik with me, when he had called me, during the time I was staying at my parental house where I had come for the first time after my marriage with Amit. It is correct that Sachin of village Bhawani Khera was a common friend of me and of accused Nikhil Kaushik. It is correct that no pressure was exerted upon me by accused Nikhil Kaushik when I with him used to go at the room of Sachin and no force was exerted upon me by accused Nikhil Kaushik. It is correct that now accused Nikhil Kaushik is my husband and I am his wife."
(Underlined by me) On analysing the entire testimony of PW11 - prosecutrix it is clearly indicated that she has specifically deposed that she knew Nikhil Kaushik since the year, 2012 and loved him and came to know him through facebook and thereafter, they started exchanging messages and 38 of 46 39 FIR No. 191/13 PS - Bawana they used to meet each other and they entered into physical relation at Village Kundli, ahead of Narela and no pressure of any type was put upon her by accused Nikhil Kaushik when the physical relation made between her and him at Kundli. Vol. The physical relations were made with her consent. During her crossexamination by Learned Addl. PP for the State she specifically deposed that accused Nikhil had told her that he will not perform the marriage by this time (Abhi Shadi Nhi Karunga) and will perform the marriage only when he is settled (Shadi Jab Karunga Jab Mein Apne Paro Pe Khada Ho Januga). She negated the suggestions put to her by the Learned Addl. PP for the State that physical relation were made with her by accused Nikhil during the said period without her consent Vol. the physical relation were made with my consent or that the statement u/s 164 Cr.P.C. was made by her of her own free will or that there was no pressure of the Police upon her and no tutoring of her by the Police at the time of making of the said statement or that she has deposed that there was pressure/tutoring of the Police at the time of making of her statement u/s 164 Cr.P.C. as she has perform the marriage with accused Nikhil Kaushik or that the complaint Ex. PW11/C was made by her in a normal state of mind and not at the 39 of 46 40 FIR No. 191/13 PS - Bawana instance of her parents and not under any impulse of anger or that she is concealing the true fact for the reason that she has since married with accused Nikhil Kaushik and in order to save her family life or that she is deposing falsely.
As discussed hereinbefore, PW11 - prosecutrix has been found to be aged around 20 years, from the testimony of PW11 - prosecutrix, nothing is being indicated that in the first week of January, 2013 at the house of Sachin Bamal near Narela Border, friend of accused Nikhil Kaushik, accused Nikhil Kaushik committed rape upon her against her will and without her consent or that thereafter many times committed rape upon her against her will and without her consent and also on the pretext of marrying with her at the house of his friend Sachin Bamal. Moreover the fact that she was pregnant from accused Nikhil Kaushik is not corroborated from the DNA Report Ex. PW14/A and the Genotype Analysis Ex. PW14/B as reproduced, discussed and analysed hereinbefore.
Now, let the testimony of PW13 - Smt. Rekha, mother of 40 of 46 41 FIR No. 191/13 PS - Bawana the prosecutrix be perused and analysed.
PW13 - Smt. Rekha is the mother of the prosecutrix who in her examinationinchief has deposed that she has three children and prosecutrix (name withheld) is her second child. She got married prosecutrix (name withheld) to Amit prior to two years from the date of registration of FIR of the present case. She (PW13) is illiterate. After the marriage her daughter/prosecutrix (name withheld) went to the matrimonial house situated at Village Ghasoli, Distt. Ganaur, Haryana. After 2/3 months of the marriage, her daughter/prosecutrix (name withheld) came to her house from her matrimonial house and informed her that she loves Nikhil Kaushik and now she is pregnant from Nikhil Kaushik. Prosecutrix (name withheld) had not informed about her friendship/affair with Nikhil Kaushik prior to her marriage with Amit. Her daughter/prosecutrix (name withheld) had informed about her friendship with Nikhil to her inlaws so a Panchayat was held during which her daughter got divorced from Amit. A document was executed regarding divorce of her daughter/prosecutrix (name withheld) from Amit in the Panchayat. She admitted her signature on the 'Panchayati 41 of 46 42 FIR No. 191/13 PS - Bawana Rajinama' already Ex. PW11/A at point 'C'. Then she alongwith her devar Rajbir and with some other persons of village went to the house of uncle (Chacha) of accused Nikhil Kaushik with the proposal of marriage of her daughter/prosecutrix (name withheld) with accused Nikhil Kaushik. However, accused Nikhil Kaushik and his family members refused to perform marriage of accused Nikhil Kaushik with prosecutrix (name withheld). Then her daughter/prosecutrix (name withheld) got the FIR registered against accused Nikhil Kaushik. Her daughter/prosecutrix (name withheld) got aborted her pregnancy in the Hospital. Accused Nikhil Kaushik was arrested by Police. Accused Nikhil Kaushik performed marriage with her daughter/prosecutrix (name withheld) six months back and now her daughter/prosecutrix (name withheld) is living with accused Nikhil Kaushik in his house. Accused Nikhil Kaushik is present in the Court (correctly identified). Her statement was recorded by the IO. She produced the photocopy of the Birth Certificate of her daughter/prosecutrix (name withheld) to the Police which was seized by Police vide seizure memo Ex. PW13/A bearing her signature at Point 'A'. She also produced the photographs of marriage of her daughter/prosecutrix (name withheld) with Amit and the 42 of 46 43 FIR No. 191/13 PS - Bawana photocopy of documents pertaining to divorce of prosecutrix (name withheld) with Amit in Panchayat. These documents were also seized by Police vide seizure memo Ex. PW13/B bearing her signature at Point 'A'. The copy of Birth Certificate of prosecutrix (name withheld) and the copy of her certificate issued by CBSE are Mark PW13/PX and Ex. PW13/PX1.
PW13 - Smt. Rekha was not crossexamined on behalf of accused despite grant of opportunity.
On careful perusal and analysis of the testimony of PW13 - Smt. Rekha, mother of the prosecutrix, it is found that nothing material has come out in her testimony so as to advance the case of the prosecution on the core spectrum of the crime. During her examination inchief, she has specifically deposed that her daughter/prosecutrix had not informed about her friendship/affair with Nikhil Kaushik prior to her marriage with Amit. Her daughter/prosecutrix (name withheld) had informed about her friendship with Nikhil to her inlaws so a Panchayat was held during which her daughter got divorced from Amit. A 43 of 46 44 FIR No. 191/13 PS - Bawana document was executed regarding divorce of her daughter/prosecutrix (name withheld) from Amit in the Panchayat and the 'Panchayati Rajinama' is Ex. PW11/A bearing her signature at point 'C'. Accused Nikhil Kaushik performed marriage with her daughter/prosecutrix (name withheld) six months back and now her daughter/prosecutrix (name withheld) is living with accused Nikhil Kaushik in his house.
17. In view of above and in the circumstances, I find that the prosecution has failed to prove its case beyond reasonable doubt against accused Nikhil Kaushik. The hostility of PW11 - prosecutrix has knocked out the bottom of the case of the prosecution. There is nothing on record to indicate that in the first week of January, 2013 at the house of Sachin Bamal near Narela Border, friend of accused Nikhil Kaushik, accused Nikhil Kaushik committed rape upon PW11 - prosecutrix, aged around 20 years, against her will and without her consent or that thereafter many times committed rape upon her against her will and without her consent and also on the pretext of marrying with her at the house of his friend Sachin Bamal or that due to which she became pregnant.
44 of 46 45 FIR No. 191/13 PS - Bawana I accordingly, acquit accused Nikhil Kaushik for the offence punishable u/s 376 IPC.
18. In view of above discussion, I am of the considered opinion that as far as the involvement of accused Nikhil Kaushik in the commission of offence punishable u/s 376 IPC, is concerned, the same is not sufficiently established by the cogent and reliable evidence and in the ultimate analysis, the prosecution has failed to bring the guilt home to the accused Nikhil Kaushik beyond shadows of all reasonable doubts and there is a room for hypothesis, consistent with that of innocence of accused Nikhil Kaushik. I, therefore, acquit accused Nikhil Kaushik for the offence punishable u/s 376 IPC after giving him the benefit of doubt. Accused Nikhil Kaushik is on bail. However, u/s 437A Cr.P.C. the bail bond of accused Nikhil Kaushik shall remain in force for six months and he to appear before the Hon'ble Higher Court as and when such Court issues Notice in respect of any Petition filed against this judgment. Announced in the open Court (MAHESH CHANDER GUPTA) on 29th Day of June, 2015 Additional Sessions Judge Special Fast Track Court 45 of 46 46 FIR No. 191/13 PS - Bawana (N/W District), Rohini, Delhi 46 of 46