Delhi District Court
State vs 1) Izraful Sanfui @ Raju on 31 October, 2013
In the Court of Ms. Kaveri Baweja
Additional Sessions Judge Special FTC - 2 (Central)
Tis Hazari Courts: Delhi.
Sessions Case No. :45/2013
Unique ID No. : 02401R0459782012
State versus 1) Izraful Sanfui @ Raju
S/o Sh. Rahoman Sanfui
Gali No. 3, Village Dokhanbarasar,
PS Barepur, District Howrah,
West Bengal.
2) Bilal Mia S/o Sh.Jyamal Mia
R/o H.No.385, Gali No.4, Sangam
Vihar, Burari, Delhi.
Also at : 26/28, Block No.26, Trilok
Puri, Delhi and West Baro
Nachina, G.P. Petla, PS Dinhata,
Distt. Cooch Bihar (West Bengal)
(Proclaimed Offender)
3) Anjali @ Simran W/o Bilal Mia
R/o H.No.385, Gali No.4, Sangam
Vihar, Burari, Delhi.
Also at : 26/28, Block No.26, Trilok
Puri, Delhi and West Baro
Nachina, G.P. Petla, PS Dinhata,
Distt. Cooch Bihar (West Bengal)
(Proclaimed Offender)
Case arising out of:
FIR No. : 163/2012
Police Station : Burari
Under Section : 376/372/373/376(2G)/109/343/347/34 IPC,
Section 5 ITP Act & 23/26 Juvenile Justice Act
Judgment reserved on : 17.10.2013
Judgment pronounced on : 31.10.2013
JUDGMENT
Case of the Prosecution The brief facts of the case as borne out from the chargesheet are that on 24.6.12 on receipt of DD No. 18 PP Jharoda, SI Mahender Koli, Ct. Praveen, PCR staff and ASI Alma Minj reached at the spot i.e. H. No. 385, Gali No. 4, Sangam Vihar, Delhi where they found complainant 'TA' [name withheld to protect the identity] and other girls namely 'PR', 'TG' [names withheld], Mamuni Dass and one boy namely Izraful. ASI Alma Minj recorded the statement of complainant 'TA' wherein she alleged that used to work in a factory at Sundaspur, West Bengal. On 18.6.12, she had an altercation with her mother in the morning. She then went for work along with her friend 'PR' and while returning from work they met Izraful @ Raju at Langi station who assured them that he would arrange a good job for them in Kolkatta. Upon the said inducement given by Izraful, they sat on his motorcycle and went alongwith him. Complainant 'TA' alleged that he took them for roaming at Diamond and kept them at hotel Haasiraj at night. Thereafter, Raju made some phone calls and told them that there is no good work for them at Kolkatta and that he can arrange work for them at Delhi.
Complainant 'TA' alleged that on the next day i.e. 19.6.12 Raju took them to Howrah Station and from there they all boarded Kalka Express and reached at Old Delhi Railway Station on 20.6.12 and from there they reached at H. No. 385, Gali No. 4, Sangam Vihar, Burari. Complainant alleged that in that house one girl 'TG', one maid, one Bilal along with his wife Anjali were already present. She alleged that Izraful @ Raju sold them to Bilal and his wife Anjali and they locked them in that house and also told that they would have to do 'galat kaam' and when they refused to do 'galat kaam', they used to give beatings to both of them. She alleged that Bilal and his wife made her to do 'galat kaam' with Raju and Raju forcibly did 'galat kaam' with her many times.
Complainant/Prosecutrix 'TA' further alleged that on 24.6.12 all three of them talked about selling her further and Bilal and Raju were going to sell her. She alleged that she and Raju were going on foot while Bilal was on coming behind on a motorcycle. At about 5 PM, she saw a police gypsy and she called the police. On seeing the police, Bilal and Raju started running. Police caught hold of Raju while Bilal managed to flee away. She narrated the entire incident to the police and also stated that Bilal had confined two more girls at H. No. 385, Gali No. 4, Sangam Vihar. Thereafter, police took her to the aforesaid house of Bilal but the house was locked and Bilal and his wife could not be found. However, her friend 'PR', TG' and Mamuni Dass were standing in the gali.
On the basis of said complaint, ASI Alma Minj got registered the FIR under Section 372/373/376(2)(G) IPC, 5 ITP Act and 23/26 JJ Act and further investigation of case was marked to Insp. Indrawati.
Insp. Indrawati joined 'PR' in investigation and got recorded her statement. 'PR' alleged that accused Raju induced her and her friend 'TA' and brought them from West Bengal to Delhi on the pretext of securing a job for them and he sold them to one Bilal and his wife Anjali. She alleged that they gave beatings to them and Izraful @ Raju did 'galat kaam' with her.
Thereafter, Insp. Indrawati made interrogation from 'TG' who revealed that on 12.6.12 one boy namely Raju had married her and on 13.6.12 the said Raju sent her to Delhi alongwith his friend namely Babu Sona who sold her to Bilal and his wife Anjali. She was confined at H. No. 385, Gali No. 4, Sangam Vihar, Burari. Thereafter, accused Izrful @ Raju brought 'TA' and 'PR' there and sold them to Bilal and his wife and he also did 'galat kaam' with her.
Thereafter, Insp. Indrawati interrogated Mamuni Dass who revealed that she was working as a housemaid in the aforesaid house from sometime.
During investigation, statements of witnesses were recorded under Section 161 CrPC. Accused Izraful @ Raju was arrested. Disclosure statement of accused was recorded and his personal search was also conducted. All three girls were medically examined at Aruna Asaf Ali Government Hospital and exhibits were collected. Accused Izraful @ Raju was also medically examined and exhibits were seized and handed over to police. Two days police custody remand of accused Izraful was obtained and all three girls were kept at Kilkari Chidren Home. Samples were deposited in malkhana. Statement under Section 164 CrPC of 'TA', 'PR' and 'TG' were got recorded. Thereafter, all three girls were produced before CWC1 Sewa Kutir, Kingsway Camp and kept at CWC Nirmal Chhaya. Age proof of all three girls were called from their respective houses. Age of 'TA', 'PR' and 'TG' were found to be 17 [28.12.95], 17 [16.01.96] and 18 [31.04.94] years respectively and the same was also got verified and found to be correct. Photocopies of documents and age proof of all three girls were sent to CWC and as per orders of CWC, 'TA' and 'PR' were handed over to their respective parents while 'TG' continued to remain at Children Home. During investigation, coaccused Bilal, Anjali @ Simran, Raju and Babu Sona could not be arrested, though their NBWs were obtained.
Charge:
After committal of case, on the basis of material on record, accused Izraful @ Raju was charged for the offence punishable under Section 366/343/373/376/34 IPC, 5 of ITP Act and 23 of J. J. Act vide order dated 07.12.12, to which he pleaded not guilty and claimed trial. Prosecution Evidence Complainant/Prosecutrix 'TA' stepped into the witness box as PW1. She deposed that she was residing at her village Balughat along with her family members and was doing job in a factory where her friend Pinki was also employed. On 18.06.2012, she had some arguments with her mother in the morning and thereafter she had gone to her place of work. When she was returning from work in the evening with her friend 'PR', accused Izraful @ Raju started following them and asked her as to why she was upset. She correctly identified accused Izraful @ Raju when produced in court. She told him that she had some arguments in the morning. Accused Izraful @ Raju assured her that he can arrange a better job for them at Calcutta.
PW1 deposed that on his assurance, both of them accompanied him and he took them to Diamond Howrah on his motorcycle and took them to a hotel whose name she does not remember now. Accused also told her friend 'PR' that he liked her and wanted to marry her and he also committed rape upon her while PW1 was sleeping in another room as accused had given her some tablet as she was not feeling well.
Prosecutrix 'TA' deposed that on the next morning i.e. 19.06.2012, accused took them to Howrah Station and brought them to Delhi by train. They got down at Old Delhi Railway Station and Accused took them in a TSR to H. No. 345, Gali No.4, Burari. On reaching there they found one girl namely 'TG', Mamuni Dass, Anjali and Bilal. Mamuni Das used to do cooking, cleaning etc. in that house. She and her friend were confined in a room. 'TG' inquired about her relations with accused Raju whether he was her real brother or not as PW1 used to call him 'Dada'.
PW1 told her that he was not her real brother. Then she informed them that accused along with Anjali and Bilal are involved in the selling of girls. They came to know that Raju had sold them to Anjali and Bilal. PW1 deposed that she did not believe her. However, when she overheard conversation between Anjali and accused that they were planning to further sell them to someone else, they tried to escape from the said house, but they were caught. Thereafter, accused Izraful @ Raju raped her several times and used to give her beatings if she tried to refuse.
PW1 further deposed that after about 45 days accused was taking her to one person for selling her. That person had already seen her in the aforesaid house where she was confined and they had agreed to sell her to him. She was walking with accused Raju while Bilal was following them on his motorcycle. When she saw one police vehicle coming from front, she manage to run after releasing her hand from the hand of accused and rushed towards the police. On seeing this, Accused tried to escape but was overpowered and apprehended by the police. Bilal however managed to escape. She narrated all the facts to the police. She also informed the police about two other girls who have been illegally confined by the accused and his associates. Police accompanied her to the aforesaid house. 'PR', 'TG' and Mamuni, who used to keep watch on them, were found outside the house, though Bilal and Anjali had already escaped from there after locking that house. Her statement was recorded by the police at the PS. The same is Ex. PW1/A bearing my signatures at point A. PW1 deposed that after recording of her statement, she alongwith 'PR' and 'TG' were taken to hospital for medical examination, where they were medically examined. After her medical examination, her clothes were also taken by the doctor. After her medical examination, she was taken to Children Home. She was produced before one Magistrate, who recorded her statement Ex.PW1/B. She was kept at 'Nirmal Chhaya' for about one week. Thereafter, her parents took her to Calcutta.
On 22.02.2013, PW1 along with 'PR' and 'TG' were again taken by the police to the aforesaid house. The said house was locked and was opened by the owner of that house. The police had seized two iron rods, one wooden 'phatta', one bermuda belonging to accused Raju, one blanket, mattress, one bed sheet and cigarette butts which accused used to smoke etc. PW2 'PR' deposed that she was working in a Jeans factory at her native place. She knows 'TA' as she was also working with her in the said factory and also resides near her house. She deposed that one boy used to follow them for the last about 1½ month on their returning from the factory and he also tried to interact with them. On 18.06.2012, the said boy met them while they were returning home. The witness correctly identified the accused, when produced before court. He told her that he wanted to marry her and he could also arrange a good job for her friend 'TA' and asked them to accompany to Delhi. Believing upon the accused, they accompanied him, he took both of them to a Hotel at Diamond Harbour on his motorcycle and stayed there for a night. On the next day, he took them to Howrah Railway Station and brought them to Delhi by train. He took them to H.No.385, Gali No.4, Sangam Vihar, Delhi.
PW2 deposed that in that house, they found one girl namely 'TG' and Mamuni. Later Bilal and his wife Anjali also came to that house. She deposed that she and 'TA' were confined in a room and that they came to know from 'TG' that the accused Izraful @ Raju intends to sell them. They tried to escape from that house. They were given beatings by accused and confined in that house.
PW2 further deposed that Accused committed rape upon her three times despite her protest. They also requested Bilal to let them go from there, but he refused stating that they should make this request to accused Raju. On 24.06.2012, the accused took 'TA' on his motorcycle for roaming to Red Fort while she remained in the house. They returned to the house in the evening by 66:30 PM.
On 25.06.2012, 'TA' was again taken away by accused while she was inside the house. PW1 'TA' told her that on the way the TSR in which they were travelling, struck against the police jeep. The accused started running away but was overpowered by the police. While PW1 was taken away by the accused, Bilal followed them on a motorcycle and on seeing that the accused has been apprehended by the police, he returned and asked Mamuni and her to leave that house while he along with Anjali and another boy fled from that house by another route. While they were leaving that house, 'TA' who was in police jeep saw them on the way and informed the police. Thereafter, they all reached at the aforesaid house along with police, the house was locked and no one was present there. Accused Izrafful was already apprehended by the police. Police did not enter that house and took all of them to the PS. Statement of PW2 was recorded by the police and she was taken to hospital for her medical examination and she was medically examined. She was also produced before the Ld. Magistrate who recorded her statement on which she had affixed her thumb impression. The same is Ex. PW2/A. PW2 deposed that on 22.02.2013, she along with 'TG', 'TA' and Sh. Kaushik Das again came to Delhi and went to PS Burari and met with the police. They led the police team to the same house where they were confined. The said house was locked and it was opened by land lady whose name she does not remember now. PW2 pointed out the room on the first floor, where they were confined by the accused persons and police also seized one wooden danda and one iron rod vide seizure memo already exhibited as Ex.PW1/C. Police also seized one capri pant of the accused and cigarettee butts. Thereafter, they led the police team to a room on the ground floor, where she was raped by the accused and one bed sheet upon which the said offence had been committed was seized by the police vide seizure memo Ex.PW2/B. PW3 'TG' deposed that on 12.06.2012, she got married to a boy namely Raju after eloping from her house and stayed with him in a hotel in Diamond Harbour, where they got married. Next day he took her to Howrah Railway Station. On reaching at Howrah Railway Station, Raju received a phone call and informed her that he has to go to see his mother who is seriously ill. He also called his friend Babu and asked her to go with him to Delhi. The said Babu Sona brought her to Delhi by train. On reaching at Delhi, she was taken to a house No.385, Gali No.4 at Sangam Vihar, Delhi. On reaching there, she found a lady namely Anjali, her husband Bilal and maid namely Mamuni Das were present in that house. PW3 was sold by that Babu Sona to Anjali and Bilal and he left the house after three days.
PW3 deposed that after 23 days, accused also came to that house along with two girls, whose names were revealed as 'TA' and 'PR'. The witness correctly identified accused when produced before court. PW3 deposed that was not allowed to talk to those two girls and both of them were kept separately in a room on the first floor on the left side and she was kept in a room adjacent to the kitchen. Anjali and Bilal asked the accused to make them ready to do 'ganda kaam'. Upon being questioned by the court as to what does she mean by 'ganda kaam', she replied 'to establish sexual relations with others'. When she refused for the same, she was beaten by the accused with wooden danda and iron rod. Accused also raped her and aforesaid two girls in the same house but in different rooms.
PW3 further deposed that after 45 days of arrival of 'TA' and 'PR', 'TA' was taken away by Bilal and accused to sell her. PW3, Anjali, Mamuni Das and 'PR' remained present in the house at that time. After 12 hours of taking away 'TA', Bilal returned back and informed Anjali that accused Izrafful had been caught by the police and asked Anjali to ran away from that house. PW3, 'PR' and Mamuni Das were also taken out from that house and Bilal and Anjali left from there after locking the house. After some time, police arrived at the spot along with 'TA' and accused. Police took us to PS Burari. Police made inquiries from them and recorded her statement.
Thereafter, PW3 and other girls were taken to Nirmal Chhaya. After about one week, parents of 'TA' and 'PR' taken their custody from Nirmal Chhaya. On 26.06.2012, PW3 was got medically examined. Police also made inquiries from her and also shown her the photographs of accused Izrafful and Bilal, which she identified. Thereafter, she had also gone to her native place along with her brother and one official from NGO.
On 22.02.2013, she along with the aforesaid two girls and official of NGO came to Delhi. They were taken to the PS and from there they were taken to aforesaid house where they were kept by the accused persons. The house was found locked and it was opened by land lady. From that house, wooden danda, iron pipes were taken into police possession, by which the victims were beaten by the accused, which was seized vide memo Ex.PW1/C. One mattress and blanket from the room in which she was kept was also taken into police possession vide seizure memo Ex.PW3/A, bearing my signatures at point A. Some cigarettee butts were also seized by the police. Police had also taken photographs of that house and thereafter the recovered articles were also sealed by the police in a cloth pulanda. Police prepared documents in respect of articles recovered. One bed sheet was also seized from a room on the ground floor and thereafter they left the spot.
PW4 Radha is the landlady of H. No.385, Gali No.4, Sangam Vihar, Burari. She deposed that last year, she rented the house No. 385 to Simran and his brother Bilal and three children. She told her to give photographs etc for tenant verification but Simran replied that she would give after 23 days.
PW4 further deposed that on 22.2.13 she was called by the police with the keys of abovesaid house. She went to the said house and opened the lock in the presence of the police. Three girls were there with the police. Police officials of Kolkatta were also present. Police officials took the search of the house in the presence of those three girls and lifted some proofs from there. PW4 deposed that she can can identify Bilal, if shown to her. (since PO). The police had also shown her the photograph of Bilal.
PW5 ASI Bhim Singh was the Duty Officer who recorded the FIR Ex. PW5/A and made endorsement Ex. PW5/B. PW6 Dr. S. Lal medically examined accused Izraful on 25.6.12 and gave his report Ex. PW6/A at the back of MLC No. 1433.
PW7 Dr. Aseem Taneja deposed that on 25.6.12 he medically examined 'T' 'PR' vide MLCs Ex. PW7/A, Ex PW7/B and Ex. PW7/C respectively.
PW8 Dr. Solomi deposed that on 25.6.12, she medically examined accused Izraful vide MLC Ex. PW8/A. PW9 deposed that on 25.6.12 while he was posted as Emergency Medical Officer in Casualty, he medically examined 'TG', 'PR' and 'TA' vide MLCs Ex. PW9/A, Ex. PW9/B and Ex. PW9/C respectively.
PW10 Gautam Dass Gupta deposed that he is working at Budge Budge Municipality, Kolkatta for last three years. He had brought the birth register of Budge Budge Municipality for the period January, 1996 onwards. The entry regarding birth of 'TA' is at serial No. 53 and the said entry was made on 12.1.96 and as per which the date of birth of 'TA' is 28.12.95. The typed copy of the extract of the said entry contained in the register produced by him is Ex. PW10/A. PW11 Kaushik Dass deposed that he is working as Field Officer at Society for Women Assistance and People In Need Organisation [NGO] and on 04.7.12 he came to Delhi along with 'SR' and 'SA' , fathers of 'PR' and 'TA' as per directions received from his office. They went to SJPU Office and met the office Insp. Pawanjeet Kaur. 'SR' handed over documents i.e. certificate issued by Manuel Free Primary School regarding the date of birth of 'PR'. 'SA' handed over documents i.e passport size photograph of 'TA' Ex. P1, receipt of police complaint made at Maheshthala dated 20.6.12 Ex. P2, letter dated 28.6.12 written to Incharge of PS Burari, Delhi Ex. P3, attested copy of ration card of 'SA' Ex. P4, attested copy of ration card of 'BA' Ex. P5, certificate regarding proof of residence of 'TA' given by Counsellor Budge Budge Municipality Ex. P6, certificate regarding proof of residence of 'SA' given by Counsellor Budge Budge Municipality Ex. P7 and photocopy of birth certificate of 'TA' issued by Budge Budge Municipality Ex P8 respectively and same were seized vide seizure memo Ex. PW11/A. PW11 had also handed over his PAN card and voter ID card to the IO and the same were also seized vide same seizure memo.
'SR' has also produced passport size photograph of 'PR' Ex. P9, letter dated 28.6.12 Ex. P10, school certificate of 'PR' regarding date of birth Ex. P11, attested copy of ration card of 'SR' Ex. P12, certificate regarding proof of residence Ex. P13, police complaint regarding missing of 'PR' Ex. P14 respectively and same were handed over to IO who seized the same vide seizure memo Ex. PW11/B. The custody of both the girls i.e 'TA' and 'PR' were handed over to their fathers i.e. 'SA' and 'SR' respectively from Nirmal Chhaya. Both the girls were minor at the time of incident.
PW12 'SR' deposed that 'PR' is his daughter and she is aged about 17 years. He deposed that on 18.6.12 his daughter 'PR' left the house for work and did not return home and on 22.6.12 his wife made a complaint at PS Mohitshala Ex. PW12/A as well as PS Budge Budge regarding missing of his daughter.
PW12 further deposed that on 25.6.12 he received an information from the police officials of PS Burari regarding recovery of his daughter 'PR' and thereafter he collected the relevant documents and came to Delhi alongwith Kaushik Dass and father of 'TA' namely 'SA'. They reached at PS Burari and met the IO and handed over relevant documents to the IO who seized the same vide seizure memo Ex PW11/B and documents Ex. P9 to P15 [Ex. PW12/A]. He deposed that document Ex. P11 is the date of birth of his daughter issued by her school which is Ex. PW12/B. Thereafter, they went to Nirmal Chhaya and took the custody of his daughter. 'SA' also handed over relevant documents to IO and took the custody of his daughter from Nirmal Chhaya and returned to their homes with their daughters.
PW13 'SA' deposed that 'TA' is his daughter and he that he made a complaint regarding missing of his daughter on 20.6.12 at PS Maheshthala Dakshin, 24 Pargana, West Bengal. He deposed that she had left the house on 18.6.12 for her work but did not return and on 25.6.12 he received an information from PS Burari regarding recovery of his daughter. Thereafter, he alongwith Kaushik Dass and 'SR' father of 'PR' had come to PS Burari, Delhi.
PW13 deposed that he handed over the relevant documents i.e. regarding his identity, residence and date of birth of his daughter to the IO who had seized the same vide memo Ex. PW11/A. The said documents and photograph of his daughter 'TA' are Ex. P1 to P8. The attested photocopy of date of birth certificate of his daughter Ex P8 is now Ex. PW13/A. Thereafter, they had gone to Nirmal Chhaya and took the custody of his daughter. 'SR' had also received the custody of his daughter 'PR' and thereafter they left for Kolkatta.
PW14 HC Narender Singh deposed that on 25.6.11, while he was posted as MHC(M) at PS Burari, Insp. Indrawati CAW Cell [North] deposited case property of this case i.e. 11 sealed pullandas alongwith sample seal in the malkhana and he deposited the same by making entry at serial No. 1299 in register No. 19, photocopy of same is Ex. PW14/A. On 22.2.13 Insp. Pawanjeet Kaur, SJPU [North] deposited 07 sealed pullandas in the malkhana and he deposited the same by making entry at serial No. 819 in register No. 19, photocopy of same is Ex. PW14/B. On 29.6.12 PW14 handed over 11 sealed pullandas alongwith four sample seals to Ct. Jitender for depositing the same at FSL, Rohini vide RC No. 91/21 and after depositing the pullandas at FSL, Rohini, receipt to this effect was handed over to him by Ct. Jitender. Photocopy of RC is Ex. PW14/C and photocopy of receipt is Ex. PW14/D. On 08.3.13, PW14 handed over 04 sealed pullandas to Ct. Suraj Rathi for depositing the same at FSL, Rohini vide RC No. 46/21 and after depositing the pullandas at FSL, Rohini, receipt to this effect was handed over to him by Ct. Suraj Rathi. Photocopy of RC is Ex. PW14/E and photocopy of receipt is Ex. PW14/F. PW15 SI Alma Minj deposed that on 24.6.12 while she was posted at PP Jaroda PS Burari, on receipt of DD no. 18 PP J, SI Mahender Koli reached the spot i.e. H. No. 385, Gali No. 4, Sangam Vihar, Burari and called her there where prosecutrix 'T', 'TG', 'P' and Mamuni were found present. SI Alma Minj made enquiries from all the four girls in presence of SI Mahender Koli and staff of PCR van and she recorded the statement of 'T' and made an endorsement on the same and prepared rukka Ex. PW15/A and handed over the same to Ct. Praveen for getting the FIR registered at PS Burari. In the meantime, Insp. Indrawati arrived at the spot and investigation was handed over to her by the orders of the senior officers. ASI Alma Minj joined the investigation with Insp. Indrawati. IO arrested the accused vide arrest memo Ex. PW1/F and conducted personal search vide memo Ex. PW15/B. PW15 took Prosecutrix 'T', 'TG' and 'P' to Aruna Asaf Ali Hospital for their medical examination but they refused for their internal examination. All the three girls were produced before Kilkari Children Home where counselling was given to them and after their counselling, they agreed for their medical examination. They were again taken to Aruna Asaf Ali Hospital for their medical examination. After their medical examination, doctor handed over the sealed exhibits of each prosecutrix alongwith sample seal to ASI Alma Minj which she produced before IO and were taken into police possession vide seizure memo Ex. PW15/C to PW15/E respectively. All three girls were taken back to Kilkari Children Home.
PW15 deposed that on 26.6.12 she again joined the investigation of this case with IO and W. Ct. Sudesh, W. Ct. Preeti, W. Ct. Akhilesh and they went to Kilkari Children Home from where all the three girls were taken out for getting their statement recorded under Section 164 CrPC. The statement of 'T' and 'TG' were recorded by statement of 'PR' could not be recorded under Section 164 CrPC as translator was not available and all the three girls were again taken back to Kilkari Children Home.
PW15 further deposed that on 27.6.12 'PR' was produced before Ld. MM and her statement was recorded under Section 164 CrPC and all the three girls were produced before CWC on the same day. But the copy of order of CWC was not available on that day so all the three girls were left at Kilkari Children Home.
On 28.6.12 as per the orders of CWC, all the three girls were taken to CHG1, Nirmal Chhaya Complex, Jail Road and their custody was given to Ms Priyanka there.
PW16 Ct. Pawan deposed that on 24.6.12 while he was posted at PP Jaroda PS Burari as DD Writer he recorded the information vide DD No. 18 PP and informed SI Mohinder Koli on telephone for taking necessary action in the matter. Copy of DD No. 18 PP to Ct. Praveen for handing over the same to SI Mohinder Koli. Attested copy of same is Ex. PW16/A. PW17 Ct. Praveen deposed that on 24.6.12 DD Writer Ct. Pawan handed over copy of DD No. 18 PP to him for handing over the same to SI Mohinder Koli and he alongwith SI Mohinder Koli went to the spot i.e. Y point Sangam Vihar near Pusta where they met complainant 'T' and accused Izraful. Incharge of PCR van informed SI Mohinder Koli about the facts. He alongwith prosecutrix 'T', accused and staff of PCR van went to H. No. 385, Gali No. 4, Sangam Vihar, Burari and it was found locked but three girls namely 'P', 'TG' and Mamuni were standing outside the house. IO/SI Mohinder Koli made enquiries from them and ASI Alma Minj was called at the spot. ASI Alma Minj came at the spot and recorded statement of 'T' and prepared rukka and handed over the same to her for getting FIR registered. PW17 got the FIR registered and return to the spot with copy of FIR and original rukka and handed over the same to ASI Alma Minj. PW17 got the accused Izraful medially examined at Aruna Asaf Ali Hospital and after medical examination, doctor handed over sealed exhibits alongwith sample seal to PW17 which he produced before Insp. Indrawati to whom investigation was handed over and she seized the same vide seizure memo Ex. PW17/A. PW18 Insp. Pawanjeet Kaur deposed that on 28.6.12 investigation of this case was handed over to her and she alongwith ASI Alma Minj, Ct. Guddi, Ct Preeti went to Kilkari Children Home in Govt. vehicle and took out three prosecutrix namely 'T' 'TG' and 'P' and produced them before CWC, Kingsway Camp and collected copy of CWC and all the three prosecutrix were left at Nirmal Chhaya in custody of Ms Priyanka.
On 09.07.2012, father of 'T' came to the SJPU office along with Sh.Kaushik Das from NGO and handed over the passport size photograph of 'T' (already Ex.P1) and receipt of police complaint of Maharashtra (already Ex.P2), letter dated 28.6.12 of Insp.Incharge Maheshtala PS (already Ex.P3), attested copy of Ration Card, attested copy of Ration Card of Smt.Basanti (already Ex.P5), original proof regarding residence proof of Tullika (already Ex.P6), Certificate regarding proof of residence of 'SA' and photocopy of birth certificate of 'TA' (already Ex.PW13/A and Ex.P8) before her, which she seized vide memo already Ex.PW11/A. PW18 recorded statement of 'SA' under Section 161 Cr.PC. On the same day, 'SR', father of 'PR' produced letter of Insp.Incharge PS Maheshtala (already Ex.P10), PP size photograph of 'P' (already Ex.P9), School Certificate of 'P' (already Ex.PW12/B and Ex.P11), Photocopy of Election Card (already Ex.P12), Photocopy of Ration Card (already Ex.P13), residence proof of 'P' (already Ex.P14), police complaint regarding missing of 'PR' (already Ex.PW12/A and Ex.P 15) to her, which she seized vide seizure memo Ex.PW11/B. PW18 recorded statement of 'SR'. SI Mahender Kohli also joined the investigation with her.
On 10.07.2012, Subhrata Dass, cousin brother of 'TG' came to the SJPU office and handed over residential certificate of himself and 'TG' and school certificate of 'TG' regarding her date of birth and receipt of police complaint and photocopy of election card of himself which she seized vide seizure memo Ex. PW 18/A which bears my signatures at point X and the above said documents are exhibited as P16, P17, P18, P19 and P20.
On 14.9.12 on instructions of PW18 Insp. Pawanjeet Kaur, Ct. Jitender collected exhibits from malkhkana vide RC No. 91/21/12 and deposited the same at FSL, Rohini. PW18 recorded statements of MHC(M) and Ct. Jitender. HC Ram Phool was sent to West Bengal for verifying the documents of all the three prosecutrix. He returned after verification and handed over the relevant documents to her which she placed on the file. PW18 made efforts to search coaccused Anjali @ Simran and Bilal but they could not be found. PW18 filed the chargesheet in the court. They were declared PO after executing processes under Section 82 CrPC and 83 CrPC against them.
On 22.3.13 all the three prosecutrix namely 'TG', 'T' and 'P' came from West Bengal alongwith NGO Kaushik Dass and joined the investigation. PW18 informed Radha landlady to reach at the office. Radha reached at the spot i.e. H. No. 385, Gali No. 4, Sangam Vihar, Delhi. She also informed the Crime Team and SI Mohinder Koli from PS Burari to reach there. She went to the abovesaid house alongwith all the three prosecutrix. Crime Team and SI Mohinder Koli were present there. Radha was also present there. Radha opened the lock of the abovesaid house with keys. Crime Team inspected the house and photographer took the photographs of the house. She went inside the house and conducted the house search and on the pointing out of all the three prosecutrix, exhibits were lifted and seized vide seizure memo already Ex. PW1/C to PW1/D, PW1/E, PW3/A and PW2/B. PW18 also prepared the site plan Ex. PW18/B. All the exhibits were sealed by her with the seal of 'MK' before the seizure. Incharge of Crime Team submitted his report to her and she recorded the statements of witnesses and deposited the case property in malkhana and collected the photographs which have been placed on file.
On 08.3.13 on the instructions of PW18, Ct. Suraj Rathi deposited exhibits at FSL Rohini vide RC No. 46/21/13 after collecting the same from malkhana. She recorded statements of Ct. Suraj and MHC(M) and collected the PCR form during investigation and placed it on file. She filed the supplementary chargesheet before the court. After collecting the FSL report, the same is filed in court. The FSL report is Ex. PX running into five sheets.
PW19 Insp. Indrawati Rathore deposed that on 25.6.12 investigation of this case was handed over to her by the order of DCP. She went to PS Burari and was briefed by SHO about the case. She went to H. No. 385, Gali No. 4, Sangam Vihar. There ASI Alma Minj, SI Mohinder Koli and three prosecutrix namely 'P', 'TG' and 'T' met her alongwith one lady servant namely Mamuni Dass who was also present there. Accused was also in the custody of ASI Alma Minj. PW19 made enquiries from all the three prosecutrix and Mamuni Dass and recorded their statements under Section 161 CrPC. She interrogated the accused and arrested him vide arrest memo Ex. PW1/F and conducted his personal search vide memo Ex. PW15/B. Accused made disclosure statement Ex. PW19/A. All the prosecutrix were taken to Aruna Asaf Ali Hospital for their medical examination but they refused for their medical examination. After counselling at Kilkari Children Home, they agreed for their medical examination. They were again taken to Aruna Asaf Ali Hospital for their medical examination. After their medical examination, doctor handed over sealed exhibits of each prosecutrix alongwith sample seal to ASI Alma Minj which she produced before PW19 and she seized the same vide seizure memo already Ex. PW15/C to PW15/E . PW19 Insp. Indrawati Rathore deposited the case property in the malkhana and recorded statement of witnesses under Section 161 CrPC.
Accused was also got medically examined and he was produced before Ld. MM and was remanded to two days police custody. PW19 searched for coaccused but in vain.
On 26.6.12, all the three prosecutrix were produced before Ld. MM for recording of their statement under Section 164 CrPC. The statement of 'PR' could not be recorded as translator was not available. All the three girls were again taken back to Kilkari Children Home.
On 27.6.12 'PR' was produced before Ld. MM with translator for recording of her statement under Section 164 CrPC and after recording of her statement, all the three prosecutrix were produced before CWC and all the three prosecutrix were left at Kilkari Children Home. Thereafter, investigation was handed over to Insp. Pawanjeet Kaur. So PW19 handed over the file to her.
PW20 HC Ram Phool deposed that on 23.8.12 on the directions of IO, he went to Budge Budge, 24 pargana, West Bengal to verify the documents regarding the age of two prosecutrix namely 'PR' and 'TA'. He verified the age of both the said prosecutrix from their schools and from their family members and collected the documents relating to their date of birth running into five pages Ex. PW20/A1 to PW20/A5. He also verified the age of prosecutrix 'TG' from her school and residence and collected documents Ex. PW20/A6 and PW20/A7. After coming back to Delhi, he handed over all the documents to IO. IO recorded his statement.
PW21 Ct. Jitender Kumar deposed that on 29.6.12 on the directions of IO, he took 11 sealed exhibits from malkhana and deposited the same in FSL, Rohini and came back to PS and handed over the copy of the receipt to MHC(M).
PW22 SI Mahender Koli deposed that on 24.06.2012, on receipt of DD No.18 PP Jharoda already Ex.PW16/A, he along with Praveen reached at T Point Sangam Vihar, where Incharge PCR van ASI Dharampal met them along with one girl namely 'T' and accused Israful Sanfui @ Raju. ASI Dharampal told him that the girl 'T' had informed him that accused was taking her for selling her and had brought her from West Bengal and there were two other girls with him and were confined in a house at Sangam Vihar. SI Mahender Koli along with PCR officials, girl 'T' and accused reached at H.No.385, Gali No.4, Sangam Vihar. The house was found locked and three girls namely 'PR', 'TG' and Mamoni Das met them standing outside the house. He made inquiries from all the three girls and they told her that accused had brought 'T' and 'P' from West Bengal on inducement and sold them to one Bilal and his wife Anjali. 'TG' told him that she was brought by one boy Babu Sona and sold her to Bilal and Anjali. Mamoni Das told him that she was working at that house as a maid servant and she told him that Bilal and Anjali had managed to escape from that house. PW22 passed on the information to the police officers. W.ASI Alma Minz came at the spot and recorded the statement of girl 'T' and got recorded the case FIR through Ct.Praveen. After registration of the FIR, W/Insp.Indrawati came at the spot and made inquiries from witnesses and the accused and arrested the accused Israful vide arrest memo already Ex.PW1/F and conducted his personal search vide memo Ex.PW15/B, both bear my signatures at point C respectively. On interrogation, accused gave his disclosure statement Ex.PW19/A. Accused and girls were medically examined. On 09.07.2012 and 10.08.2012 IO Insp.Pawanjeet Kaur seized the documents regarding the age and residence proof of the girls vide seizure memo Ex.PW11/B and Ex.PW18/A. The documents are Ex.P10 to P20 and Ex.PW20/A1 to Ex.PW20/A7 which were seized by the IO in her office produced by parents of the girls. Statement of PW22 was recorded by the IO.
On 22.02.2013, at the instance of girl 'T', 'P' and 'TG', the said house was searched by the IO and from there two iron pipes, one wooden phatta, cigarette butts, capri pant, gadda, blanket and bed sheet were recovered. The same were converted into separate pulandas, sealed with the seal of 'MK' and took into possession vide seizure memo Ex.PW1/C to Ex.PW1/E, Ex. PW3/A and Ex.PW2/B. PW23 deposed that on 29.6.12 eleven sealed parcels were received in FSL, Rohini and four more sealed parcels were received again in FSL in connection with this case. The same were assigned to her for examination.
She examined the said fifteen parcels and prepared a report in detail on 30.8.13 and concluded after DNA examination that DNA profiling were performed on the source of exhibits '3p1' and '3p2' [blood sample of victim 'T'], '31 [cotton wool swab of victim 'T'], '3m1' [cotton wool swab of victim 'T'], '3m2' [microslides of victim 'T'], '11' [blood sample of accused Ishraful Sanfui], '12' [half pant of accused Ishraful Sanfui recovered from spot], '15a' [cigarette bud recovered from spot] is sufficient to conclude that DNA profile from the source of exhibit '10' and '11' [blood sample of accused Ishraful Sanfui] is accounted in DNA profile from the source of exhibits '31' [cotton wool swab of victim 'T'], '3m1' [cotton wool swab of victim 'T'], '3m2' [microslides of victim 'T'], '12' [half pant of accused recovered from spot] and '15a' [cigarette butt recovered from spot]. Detailed report of PW23 is already Ex. PX [running into five sheet] bearing my signatures at point A, B, C, D, E and F. Arguments, Analysis & Findings :
Learned Amicus Curiae, while drawing my attention to Ex.PW10/A argued that as per the said document, the date of birth of the Prosecutrix 'T' is 28.12.1995. He further pointed out that PW12 'SR', father of Prosecutrix 'PR' also deposed that the date of birth of his daughter 'PR' is 16.01.1996. With regard to the victim 'TG', it was contended that though no document with regard to the age of 'TG' has been placed on record, the said witness herself at the time of her deposition before the court as PW3 claimed her age to be 18 years i.e. on 11.04.2013. It was argued that in view of the aforesaid, it is apparent that the three girls were above the age of 16 years at the time of the alleged incident when 'PR' and 'TA' were brought to Delhi by the accused as alleged.
I have considered the aforesaid submission of learned Amicus Curiae. However, it may be necessary to reiterate that the above named accused is facing charge for the offence under Section 366 IPC besides other offences and it is not the requirement of the statute that for being convicted under Section 366 IPC, it is necessary for the Prosecution to prove that the girl who is allegedly kidnapped must be a 'minor'. Noticeably, Section 366 IPC deals both with kidnapping and abduction and covers even a female who is above 18 years of age. Hence, there is no merit in the argument advanced by learned Amicus Curiae and the same must be rejected at the outset.
Learned APP, on the other hand, strongly argued that from the depositions of PWs 1 & 2, the Prosecution has been able to establish beyond reasonable doubt that both the said victims viz., 'TA' and 'TG' were brought to Delhi by the accused Izraful Sanfui @ Raju after inducing them. PW1 'TA' deposed that on 18.06.2012, accused assured her that he could arrange better job for her at Calcutta and on his assurance they accompanied her. She also deposed that he told her friend 'PR' that he likes her and wants to marry her. PW2 also deposed on the same lines and stated that the accused met them on the way when they were returning from their house and told them that he wants to marry her and can also arrange a good job for her friend 'TA'. She also deposed that believing upon the accused they accompanied him. The accused took both of them to a Hotel at Diamond Harbour on his motorcycle and stayed there for a night. On the next day, the accused took them to Hawra Railway Station and brought them to Delhi by train. Learned Amicus Curiae pointed out towards the confrontation in the deposition of both the said witnesses. I have gone through their crossexamination minutely. However, I find that that the said confrontations cannot be said to be material so as to discard the entire testimonies of PWs 1 & 2.
All the victims namely 'TA' (PW1), 'PR' (PW2) and 'TG' (PW3) categorically also deposed that accused committed rape upon them several times while they were confined in the H.No.35, Gali No.4, Sangam Vihar, Delhi. They have also deposed that they were kept confined in that room and were given beatings by Accused. PW2 was requesting Bilal to let them go from there, but he refused. PW1 also deposed that when they tried to escape from that house upon hearing the conversation between Anjali and the accused that they were planning to further sell them to someone, they tried to escape the said house, but they were caught and thereafter she was raped by accused Raju several times who used to give her beatings if she tried to refuse.
All the said three witnesses identified the iron pipes and wooden dandas when produced before the court and stated that the same were used by the accused for giving beatings to them while they were kept in confinement in the aforesaid house.
The deposition of PW1 is also duly corroborated by the FSL report Ex.PX, which was proved by the senior scientific officer, FSL, Rohini. As per the said report it was concluded that 'DNA profile from the source of exhibit "10" and "11" (Blood Sample of accused Ishraful Sanfui) is accounted in DNA profile from the source of exhibits '31' (Cotton wool swab of victim Tulika), '3ml' (cotton wool swab of victim Tulika). '3m2 (Microslides of victim Tulika), '12' (half pant of accused recovered from spot.) and '15a' (Cigarette bud recovered from spot).
It is also pertinent to mention that PW2 in her cross examination admitted the photograph of the house where she was kept confined. The said photograph is Ex.PW2/DB. She also clarified that she was confined in a room on the left side of the stairs of the first floor in which there was a window on the outer side and if they tried to raise alarm at night, accused used to give beatings and while giving them beatings, he used to play loud music. Apparently, it is because of the said reasons that the victims could not seek any assistance from the residents of nearby houses and shops.
PW3 deposed that she was brought to Delhi by one boy namely Raju with whom she got eloped from her house on 12.06.2012 and after reaching Diamand Harbour, next day he took her to Hawra Railway Station, where accused Raju received a phone call and informed her that he has to go to see his mother who is seriously ill. The accused called his friend Babu Sona and asked her to go with him to Delhi. The said Babu Sona brought her to Delhi by train and took her to H.No.385, Gali No.4, Sangam Vihar, Delhi, where she was sold by him to Anjali and Bilal. PW3 also deposed that after 23 days accused Izraful Sanfui @ Raju brought two girls namely 'TA' and 'PR' who were kept in separate rooms. She deposed that she was beaten by accused Izraful with iron rod and wooden danda and also been raped by him like other two aforesaid girls. She deposed that after 45 days 'TA' was taken away by Bilal and accused to sell her. After 12 hours of taking away of 'TA', Bilal returned back and informed Anjali that accused Izraful had been caught by the police and asked Anjali to ran away from that house. PW3 'TG', 'PR' and Manuni Das were also taken out from that house and Bilal and Anjali left from there after locking the house. They were taken to the police station by the police who reached there and made inquiries from them. This witness also correctly identified the iron pipe and wooden danda which was used by accused Izraful Sanfui to give beatings to her. She also deposed in her crossexamination that though there was several other houses nearby, however whenever she tried to raise any alarm, the accused used to give beatings to her and used to play loud music. She also admitted that she never tried to raise alarm after evening hours also because of threats given by the accused and also due to presence of Manuni, who used to live with her in that room, she never tried to shout or call for help from the window of the room where she was confined.
The factum of recovery of 'PR'& 'TG' along with Mamuni from outside H.No.385, Gali No.4 at Sangam Vihar, Delhi stands established on record from the testimony of PW15 SI Alma Minj, PW17 Ct.Praveen and PW19 Insp.Indrawati.
It is noteworthy that in his statement under Section 313 Cr.PC recorded on 11.09.2013, accused stated before the court that PW1 and PW2 accompanied him to Delhi voluntarily as they had requested him to find a good job for them. He denied having confined or raped or tried to sell the victims PW1 & PW2. However, the said plea of the accused cannot be accepted in view of the depositions of PW1 and PW2, which remained unimpeached despite their lengthy crossexamination and it falsify the claim of the accused that he never raped PW1. The testimony of PW1 is also corroborated by scientific evidence available on record i.e. FSL report Ex.PX, as per which the DNA profile of the accused was found matching with the DNA profile developed from the exhibits of PW1 which were taken at the time of her medical examination.
From the above discussion and the evidence on record, I am therefore of the considered opinion that the Prosecution has been able to prove that the accused abducted PW1 and PW2 on 18.06.2012 from her native village. He assured PW1 that he would find a good job while to PW2 he gave assurance of marriage. Both the victims have also deposed before the court that they were raped by the accused several times at H. No. 385, Gali No. 4, Sangam Vihar, Delhi, where they were wrongfully and forcibly confined by him. Both PW1 and PW2 also identified the Iron Pipe and wooden danda with which accused used to give beatings to them. Similarly, PW3 has also deposed that she was raped in that house by the accused and has also given beatings by him.
In the light of the above discussion, I am convinced that the Prosecution has been able to prove the charges for offence punishable under Section 343/34 IPC against accused Izraful Sanfui @ Raju. Besides the same, it has also been proved on record by the three victims namely 'TG', 'TA' and 'PR' that they have been raped by the accused in the said house and he is accordingly held guilty for the offence punishable under Section 376 IPC. The factum of their kidnapping and procurement for the charges of inducing them to undergo illegal intercourse has also been proved on record thus, in my opinion, imply to convict the accused under Section 373 and 366 IPC as well.
Besides the aforesaid charges, the above named accused is also facing trial for having committed the offence under Section 5 of ITP Act. From the depositions of PW1 & PW2, however, it does not stand established that the accused procured them for the purpose of prostitution or to become the inmate of a brothel or induced them to carry on prostitution. From the depositions of PW1 & PW2, it has come on record only that they learnt upon hearing conversation of the inmates of the house in question that Raju had sold them to Anjali and Bilal and that they were planning to sell them further else. Accordingly,the offence under Section 5 of the ITP Act cannot be said to be made out against the accused on the basis of the aforesaid evidence.
Insofar as charge under Section under Section 23 of Juvenile Justice Act is concerned, it has come on record on the basis of Ex.PW10/A that PW1 'TA' was below 18 years of age on the date when she was kidnapped by the accused and brought to Delhi. It has also been proved from her deposition coupled with the evidence as discussed hereinabove that the victim was sexually assaulted by the accused. Similarly, it has also been proved on record that PW2 'PR', whose date of birth has been proved as 16.01.1996 was also under 18 years at the time of the alleged incident. Both the said victims were accordingly juveniles within the meaning of Section 1(k) of the Juvenile Justice (Care and Protection of Children) Act, 2000. It has also been proved that both these victims were sexually assaulted by the above named accused who had control over them at the time of the alleged incident. The accused is hence found guilty for having committed the offence under Section 23 of the Juvenile Justice Act with respect to PW1 & PW2. Insofar as PW3 'TG' is concerned, in the light of Ex.PW20/A6 since her date of birth has been established to be 31.03.1994, it is apparent that she was above 18 years of age at the time when the accused committed rape upon her.
Consequently, in view of the findings rendered hereinabove, accused Izraful Sanfui @ Raju S/o Sh.Rahoman Sanfui is hereby convicted for the offence under Sections 366/373/376 IPC & 343/34 IPC and Section 23 of Juvenile Justice Act. However, he is acquitted for the offence under Section 5 of the ITP Act. Let him be heard on the point of sentence.
Announced in the Open Court on 31.10.2013 (Kaveri Baweja)
Additional Sessions Judge Special FTC2 (Central) Tis Hazari Courts: Delhi.
In the Court of Ms. Kaveri Baweja Additional Sessions Judge Special FTC - 2 (Central) Tis Hazari Courts: Delhi.
Sessions Case No. :45/2013
Unique ID No. : 02401R0459782012
State versus 1) Izraful Sanfui @ Raju
S/o Sh. Rahoman Sanfui
Gali No. 3, Village Dokhanbarasar,
PS Barepur, District Howrah,
West Bengal.
Case arising out of:
FIR No. : 163/2012
Police Station : Burari
Under Section : 376/372/373/376(2G)/109/343/347/34 IPC,
Section 5 ITP Act & 23/26 Juvenile Justice Act
Judgment pronounced on : 31.10.2013
ORDER ON SENTENCE
Vide judgment dated 31.10.2013, Accused Izraful Sanfui @ Raju S/o Sh.Rahoman Sanfui has been convicted for the offence punishable under Sections offence under Sections 366/373/376 IPC & 343/34 IPC and Section 23 of Juvenile Justice Act.
A prayer for a lenient view is made by Ld. Amicus Curiae appearing for convict. On the other hand, ld. APP has submitted that keeping in view the gravity of the offences proved to have been committed by the above named convict, he should be sentenced to imprisonment for the maximum prescribed period.
I have considered the submissions made. However, I find that the evidence led on record in this case has brought to light a frightening tale of human trafficking of three girls, two of them being under 18 years of age. The victims were trafficked, raped and confined by the above named convict.
Having regard to the facts of the case, I am of the opinion that interest of justice would be met if convict Izraful Sanfui @ Raju S/o Sh.Rahoman Sanfui is sentenced as under:
a) For the offence punishable under Section 376 IPC, the above named convict is directed to undergo RI for a period of 07 years in addition to payment of fine of Rs. 5,000/. In default of payment of fine, he shall undergo SI for 02 years.
b) For the offence punishable under Section 373 IPC, the above named convict is directed to undergo RI for a period of 10 years in addition to payment of fine of Rs.5000/. In default of payment of fine, he shall undergo SI for 02 years.
c) For the offence punishable under Section 366 IPC, the above named convict is directed to undergo RI for a period of 10 years in addition to payment of fine of Rs. 5000/. In default of payment of fine, he shall undergo SI for 02 years.
d) For the offence punishable under Section 343/34 IPC, the above named convict is directed to undergo RI for a period of 02 years in addition to payment of fine of Rs. 2500/. In default of payment of fine, he shall undergo SI for 06 months.
e) For the offence punishable under Section 23 Juvenile Justice Act, the above named convict is directed to undergo RI for a period of 06 months in addition to payment of fine of Rs. 2500/. In default of payment of fine, he shall undergo SI for 01 month.
All the above sentences shall run concurrently. Needless to add that the convict shall be entitled to benefit of Section 428 CrPC.
The aforesaid amount directed to be deposited by way of fine shall be equally paid to the victims by way of compensation. In addition thereto, it is recommended that under the provisions of Section 357A Cr.PC the victims be awarded adequate compensation and the matter may be referred to the Secretary, Delhi Legal Services Authority (Central District) to decide the quantum of compensation in terms of Section 357A Cr.PC. A copy of the judgment and order on sentence be sent to the Secretary, DLSA (Central District) for compliance.
Copy of the judgment and order on sentence be given to the convict free of cost. File be consigned to Record Room.
Announced in the Open Court on 07.11.2013 (Kaveri Baweja)
Additional Sessions Judge Special FTC2 (Central) Tis Hazari Courts: Delhi.