Delhi District Court
State vs Mohanveer @ Monu S/O Sh Ajay Veer on 25 March, 2011
IN THE COURT OF SH RAJ PAUL SINGH TEJI:
ADDL. SESSIONS JUDGE (FAST TRACK COURT) NORTHEAST:
KARKARDOOMA COURTS:SHAHDRA:DELHI
SC No. 41/10
Case ID 02402R0397252008
State
Vs
1. Mohanveer @ Monu S/o Sh Ajay Veer
2. Amit S/o Sh Udayvir Singh
3. Guddu S/o Sh Brij Pal
all R/o Village Joya, P.S. Bhojpur,
Distt.Ghaziabad (U.P)
FIR No. 103/07
P.S. Karawal Nagar
U/s 366/376/34 IPC
Date of institution : 31.05.2008
Argument heard on : 21.03.2011
Order pronounced on : 25.03.2011
J U D G E M E N T
1. All the three accused persons were sent to face trial for the commission of offence U/s 366/376/34 IPC by the police of P.S. Karawal Nagar. The charges framed against the accused persons by the then Ld. ASJ Sh A.K. Chawla reads as under:
" Firstly that on 13.12.2007, at about 12.00 noon, at Ganda Nala Pulia, near Sardar Patel School, Shiv Vihar, Karawal Nagar, Delhi you all in furtherance of your common intention abducted Ms. Sonia @ SC No. 41/10 Page 1/12 Sarita, D/o Sh. Dashrath Singh, with an intent that she may be compelled to marry Mohanvir@Monu or force to illicit intercourse and thereby, committed an offence punishable U/s 366/34 IPC and within my jurisdiction.
A separate charge U/s 376 IPC was also framed against the accused Mohanvir @ Monu S/o Ajayvir which reads as under:
" That after two days of 13.12.2007, you along with other coaccused took prosecutrix Ms. Sonia @ Sarita, D/o Sh. Dashrath Singh to the house of his Bua at Karawali, Distt. Ghaziabad and thereby you committed rape on Ms. Sonia @ Sarita and thereby, committed an offence punishable U/s 376 IPC and within my jurisdiction."
2. Accused persons pleaded not guilty to the aforesaid charges and claimed trial.
3. The brief facts of this case are that on 14.12.2007 father of prosecutrix namely Dashrath Singh lodged a missing report of Sarita vide DD No. 31B which was marked to ASI Rajmal for investigation. ASI Rajmal got the message flashed. On 21.12.2007 prosecutrix Sonia @ Sarita D/o Dashrath R/o House No.15, Gali No.3, PhaseII, Shiv Vihar, Karawal Nagar appeared in the police station alongwith her father and got recorded her statement ex. PW 1/1. In her statement, prosecutrix got recorded that on 13.12.2007, she had gone to Ganda Nala Pulia, Sardar Patel School to get vegetables. When she reached near Ganda Nala Pulia, a white coloured Maruti Van stopped near her and three persons namely Monu, Guddu and Amit to whom she knew earlier, got down from the car. She has further got recorded in her statement that accused SC No. 41/10 Page 2/12 Monu made her to sit in the car after enticing her for marriage and took her to Pilakhua in the house of Anita, bua of Monu. She was kept there for two days and thereafter she was taken to Karawali at the house of elder bua of Monu. She has further got recorded in her statement on 20.12.2007 at about 4.00 a.m. the abovesaid persons namely Monu, Guddu and Amit left her at Old Bus Stand, Ghaziabad. She has further got recorded in her statement that accused Monu forcibly committed rape upon her at Karawali, Ghaziabad. Thereafter she telephoned to her brotherinlaw Chaman Singh R/o Village Mohd.Pur, Ghaziabad who brought her in his house. Thereafter her brotherinlaw made a call to his brother Padam who brought her to Shiv Vihar. On the statement of prosecutrix, a case U/s 366/376/34 IPC was got registered. Prosecutrix was got medically examined. Exhibits handed over by the doctor were seized. Accused persons namely Mohanveer @ Monu, Guddu and Amit were arrested U/s 366/376/34 IPC. Exhibits were got deposited in FSL for analysis. After completion of investigation, chargesheet for the offence U/s 366/376/34 IPC was filed against the accused persons before the concerned court of Ld. M.M. Since the offence committed by accused persons was exclusively triable by the court of Sessions, Ld. M.M. committed the case to the court of Ld. District & Sessions Judge. Thereafter this case was committed to this court for trial.
4. Prosecution in support of its case has examined as many as twelve witnesses in this case.
5. PW 1 is Ms. Sonia. She has deposed that on 13.12.2007 at about 12.00 noon she had gone to Ganda Nala Pulia, Sardar Patel School to get vegetables where one white coloured Maruti van stopped near her and three boys got down from that van, to whom she knew earlier. She has further deposed that SC No. 41/10 Page 3/12 their names were Monu, Guddu and Amit. She has further deposed that when the accused persons got down from the Maruti Van, accused Monu told her that he had requested her to marry him and when she told him that she would first talk to her parents, they forcibly took her to Pilakhua (UP). She has further deposed that "unhone meri aakhon par patti bandh di thi" and there she was kept in the house of Anita, who was the Bua of accused Monu for two days. She has further deposed that thereafter, all the three accused persons took her to village Karawali (Ghaziabad) and kept her there for about 5/6 days. She has further deposed that thereafter on 20.12.2007, accused brought her to Bus Stand, Ghaziabad in the same Maruti van and dropped her there and during the time, she was kept at Karawali, and accused Monu committed rape on her. She has further deposed that she was dropped at Bus Stand, Ghaziabad at about 4.00 am and from there, she telephoned her Jija ji from STD and her Jija ji came there and took her to his house at Mohanpur, Ghaziabad. She has further deposed that her brother Padam Singh and her sister came there and brought her to her house at Karawal Nagar. She has further deposed that on 21.12.2007, she along with her brother and father came to PS Karawal Nagar and her statement was recorded by the police and the same is Ex. PW1/1 which bears her signatures at point A. She has further deposed that from the PS, she was taken to the hospital and her medical examination was got conducted by the police. She was declared hostile and was crossexamined by Ld. APP. She has denied the suggestion that all the three accused persons committed rape upon her at the house of bua of the accused Monu at Karawali.
6. PW 2 Padam Singh is the brother of prosecutrix. He has deposed that Sonia is his younger sister. He has further deposed that on 13.12.2007 at about 12 SC No. 41/10 Page 4/12 noon, she had gone to purchase the vegetables at Ganda Nala, near Sardar Patel School, and when she did not return till evening, they searched her, but they could not trace her. He has further deposed that on 14.12.2007, he along with his father went to police station Karawal Nagar and lodged the missing report of his sister Sonia. He further deposed that on 20.12.07, his brother in law (jija) Chaman Singh made a telephone call on his mobile phone from Mohanpur and he stated to him that he had received a telephone call from Sonia that she is standing at Ghaziabad bus stand and he brought her to his home from Ghaziabad bus stand. He has further deposed that his jija asked him to come to Mohanpur to take back Sonia and he along with his elder sister Meena went to the house of his jija Chaman Singh on motorcycle and brought back Sonia to the house. He further deposed that Sonia told them that accused Monu, Amit and Guddu had taken her in a maruti van to Karawali village and committed rape upon her. He further deposed that on 21.12.2007 they took Sonia to the police station Karawal Nagar and lodged the report at PS Karawal Nagar. Police recorded the statement of Sonia at PS Karawal Nagar, then police took Sonia to GTB Hospital and her elder sister was also with her.
7. PW 3 HC Ajit Singh is duty officer who recorded FIR No.103/2007, U/s 366/376/34 IPC and proved carbon copy of the same as ex. PW 3/B which bears his signature at point A. He has further deposed that he also made his endorsement on the rukka which is ex. PW 3/A.
8. PW 4 Dashrath is the father of prosecutrix who lodged the missing report of his daughter Sonia on 14.12.2007 which is ex. PW 4/A. He has further deposed that on 20.12.2007 he received a telephone call from his soninlaw that his daughter Sonia has been recovered from bus stand Ghaziabad. He has SC No. 41/10 Page 5/12 further deposed that thereafter his son and daughter Meena went to the house of his soninlaw and they brought Sonia at Karawal Nagar on the night of 20.12.2007. He has further deposed that on the next morning, he alongwith his daughter Sonia went to Police Station where his daughter made statement to the police ex. PW 1/A which bears his signature at point B. He has further deposed that his daughter was got medically examined by the police.
9. PW 5 is Lady Ct. Raj Kumari who alongwith Ct. Jugal Kishore took the prosecutrix Sonia @ Sarita to GTB hospital for her medical examination. She has further deposed that after her medical examination, doctor handed over the exhibits to her and she handed over the exhibits to Ct. Jugal Kishore. She has further deposed that after the medical examination, prosecutrix was brought back to P.S. Karawal Nagar. She has further deposed that Ct. Jugal Kishore handed over the exhibits to I.O. who seized the same vide memo ex. PW 5/A which bears his signature at point A.
10. PW 6 is Ct. Jugal Kishore who alongwith Ct. Raj Kumari took the prosecutrix to GTB hospital.
11. PW 7 Ct. Ramesh Chand has deposed that on 22.12.2007 he joined the investigation of this case with ASI Rajmal. He has further deposed that on that day accused Guddu S/o Brijpal was arrested from Mukhya Market, Karawal Nagar at the instance of Dashrath, father of prosecutrix. He has further deposed that accused Guddu was interrogated who made disclosure statement regarding the commission of offence.
12. PW 8 Chaman Singh is the Jija of prosecutrix Sonia to whom she had made a call from Old Bus Stand, Ghaziabad. He has deposed that on 20.12.2007 at about 6.00/7.00 a.m. he received a telephone call made by his sisterinlaw namely Sonia @ Sarita from Ghaziabad Old bus stand. He has further SC No. 41/10 Page 6/12 deposed that Sonia told him that some boys had kidnapped her and now they have left her at Old Bus Stand, Ghaziabad. He has further deposed that he went to Old Bus Stand Ghaziabad where his sisterinlaw Sonia @ Sarita was found present and he brought her to his house at Village Mohanpur, Ghaziabad. He has further deposed that on the way, he had made a call to Padam Singh, brother of Sonia and disclosed all the facts to him. He has further deposed that Padam Singh and Meena, sister of Sonia reached at his house and took Sonia with them.
13. PW 9 is Dr. Ashita Gulati who has identified the signature of Dr. Madhu on the MLC of prosecutrix Sonia at point A which is ex. PW 9/A. She has deposed that prosecutrix who was brought by her sister Hina and Ct. Jugal Kishore, was examined by Dr.Madhu vide MLC ex. PW 1/A. She has further deposed that Dr. Madhu has left the hospital and her present whereabouts are not known. She has further deposed that as per the MLC, hymen was found intact and no bruise mark of external injury was seen.
14. PW 10 is Dr. Amit Kumar Gupta who has identified the signature of Dr. Sriniwas on the MLC No. B5968/07 of accused Mohanvir at point A which is ex. PW 10/A. He has further deposed that as per the MLC, there was nothing to suggest that accused Mohanvir was not capable to perform sexual act.
15. PW 11 HC Jitender is a DD writer who has deposed that on 14.12.2007 one Dashrath s/o Nathi came at Police Station and stated that his daughter Sarita was missing from 13.12.2007. He has further deposed that on the basis of statement of Dashrath, he recorded DD No. 31B, copy of which is ex.PW 4/A.
16. PW 12 ASI Rajmal Singh is the I.O. of the case who has deposed that on 14.12.2007 DD No. 31B ex. PW 4/A regarding the missing of prosecutrix SC No. 41/10 Page 7/12 Sonia @ Sarita was marked to him. He filled the missing form and got flashed the WT message. He has further deposed that on 21.12.2007 Sonia @ Sarita alongwith her father Dashrath came to the police station. He has further deposed that Sonia got recorded her statement ex. PW 1/1 and he made his endorsement vide ex. PW 12/A on the same and got registered the case. He has further deposed that Sonia was got medically examined from GTB hospital. He also seized the exhibits received from the hospital vide memo ex. PW 5/A which bears his signature at point B. He has further deposed that on 22.12.2007 accused Guddu was arrested from the main Market, Karawal Nagar vide memo ex. PW 12/B and his personal search was conducted vide memo ex. PW 12/C. He has further deposed that he interrogated accused who made disclosure statement ex. PW 12/D which bears his signature at point A. He has further deposed that on 25.12.2007 accused Mohanvir was arrested at the instance of Darshatvide memo ex. PW 12/E and his personal search was taken vide memo ex. PW 12/F. He has further deposed that disclosure statement of accused Mohanvir was recorded vide ex. PW 12/G which bears his signature at point A. Accused Mohanvir was also got medically examined. After his medical examination, HC Rahis Ahmed produced his MLC and blood samples in sealed conditions with the seal of GTB hospital and he took the same into his possession vide memo ex. PW 12/H which bears his signature at point A. He has further deposed that on 12.01.2008 accused Amit was formally arrested vide memo ex. PW 12/J and his personal search was taken vide memo ex. PW 12/K which bears his signature at point A. He has further deposed that on 29.01.2008 exhibits of this case were got deposited in FSL Rohini. He also collected the FSL report ex. PW 12/L which is running into three pages.
SC No. 41/10 Page 8/12
17. Thereafter statement of accused persons U/s 313 Cr.P.C. were recorded wherein they have denied the allegations against them and stated that they are innocent and have been falsely implicated in the present case due to enmity. Accused persons opted not to lead any evidence in their defence.
18. I have heard Ld. Counsel for accused persons as well as Ld. APP for the State and carefully perused the material available on record.
19. Ld. Counsel for accused persons has vehemently argued that accused persons have nothing to do with the alleged commission offence and they have been falsely implicated in this case due to enmity. He has further argued that prosecutrix in her crossexamination has specifically stated that accused persons had not committed any wrong acts with her. Ld. Counsel for accused persons has further submitted that prosecutrix has further admitted in her crossexamination that accused Monu has not committed rape upon her. Ld. Counsel has further submitted that during crossexamination by Ld. APP, prosecutrix has volunteered that he made the statement before the police under the pressure of her family members. Ld. Counsel for accused persons has submitted that accused persons have neither abducted the prosecutrix nor committed rape upon her. He has submitted that present case is false and manipulated one and hence the accused persons are liable to be acquitted.
20. On the other hand Ld. APP has submitted that prosecutrix in her examination on 15.09.2008 has fully supported the prosecution case and hence accused persons are liable to be convicted. He has further submitted that no doubt in her crossexamination dt. 27.1.2010 she has changed her earlier statement and has stated that accused persons have not committed any wrong acts with her but the said statement was made by her under the influence of her inlaws. He has further submitted that crossexamination of prosecutrix was conducted SC No. 41/10 Page 9/12 on different dates and as such the possibility of prosecutrix being won over by the accused persons also cannot be ruled out.
21. Present case was registered on the statement of prosecutrix Sonia @ Sarita which is ex. PW 1/1. In her statement ex. PW 1/1 she has alleged that she was abducted by accused persons namely Monu, Amit & Guddu and they firstly took her to Pilakhua in Maruti Van in the house of Anita, bua of accused Monu and thereafter they took her to village Karawali, Ghaziabad and kept her there for 5/6 days. She has further alleged that Monu committed rape upon her there. It is also the case of prosecution that prosecutrix also made a supplementary statement wherein she alleges that all the three accused persons committed rape upon her.
22. Prosecutrix Sonia @ Sartia while appearing in the witness box as PW 1 has deposed in her examination in chief that on 13.12.2007 she had gone to Ganda Nala Pulia, Sardar Patel School to get vegetables. She has further deposed that one Maruti Van stopped near her and three boys namely Monu, Guddu and Amit got down from the car. She has further deposed that accused Monu asked her to marry with him to which she replied that she would firstly talk to her parents. She has further deposed that thereafter accused persons forcibly took her to Pilkhua(U.P) where she was kept in the house of Anita, bua of accused Monu. She has further deposed that thereafter all the accused persons took her to Karawali(Ghaziabad) and kept her there for 5/6 days. She has further deposed that during the time she was kept at Karawali (Ghaziabad), accused Monu committed rape on her. She was crossexamined by Ld. APP wherein she denied the suggestion of Ld. APP that all the three accused persons committed rape upon her at the house of bua of accused Monu at Karawali. In her crossexamination dated 27.1.2010 she has SC No. 41/10 Page 10/12 crumbled the edifice of prosecution to ground by stating that accused persons did not commit any wrong act with her. She has further admitted it to be correct that accused Monu has not committed rape upon her . She has further admitted it to be correct that she made the statements on 15.9.2008, 20.1.2009 & 2.4.2009 being tutored by the police. Further in her crossexamination she has admitted it to be correct that she had named Monu in the present case due to enemity "Ranjish" on account of quarrel between his brother Padam and accused Monu. She was further crossexamined by Ld. APP after seeking permission from the court wherein she has denied the suggestion of Ld. APP that she made the complaint on 21.12.2007 to the police of her own and she had stated the true facts. She has volunteered that she made the statement under the pressure of her family members. She has further stated that she made a telephone call to Monu and called him and thereafter she accompanied with Monu with her own free will. She has denied the suggestion of Ld. APP that she was kidnapped by accused persons or that she was take to Pilakhua and then Karawali or that accused persons committed rape upon her.
23. As stated above, prosecutrix Sonia @ Saria has made different statements at different stages. Prosecutrix in her examination in chief has supported the case of prosecution whereas in her crossexamination she has totally demolished the case of prosecution. It is well settled law that where witnesses make two inconsistent statements in their evidence either at one stage or at two stages, the testimony of such witness becomes unreliable and unworthy of credence.
24. It is also important to mention here that prosecutrix in her statement before the police as well as before the doctor at the time of her examination, has SC No. 41/10 Page 11/12 disclosed her age as 19 years. It has come in the crossexamination of prosecutrix that maruti van stopped at many places on the way. She did not try to escape or raise any alarm. Nonraising of any hue & cry or offering any resistance in between the way clearly suggests that either she was a consenting party or it can be inferred that no such incident took place as alleged by her. I have also gone through the MLC of prosecutrix wherein the doctor who medically examined the prosecutrix has opined that hymen was intact which also suggest that no such rape was committed upon her.
25. Considering the totality of the circumstances, I of the view that prosecution has failed to prove its case against the accused persons. Consequently, all the accused persons are acquitted of the offence charged with. Their B/B stands cancelled. Sureties discharged. File be consigned to R/R. ANNOUNCED IN OPEN COURT (RAJ PAUL SINGH TEJI) ON 25.03.2011 ADDL.SESSIONS JUDGE(FTC) NORTHEAST:KARKARDOOMA COURTS:
SHAHDRA SC No. 41/10 Page 12/12