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4. Initially, based on exhibit PW1/B FIS of PW1 given on 30.08.2000 Zero FIR was registered at Subzi Mandi, Police Station. Subsequently crime number 852/2000, Rajouri Garden Police Station, that is, exhibit PW11/A FIR, was registered by Sub-Inspector, Rajouri Garden Police Station alleging commission of offences punishable under sections 328, 376, 506 read with Section 34 IPC against PW12. The investigation was taken over by the Crime Branch, which investigation revealed that PW12 was innocent. Hence, he was discharged by the trial court as per order dated 09.04.2001. The further investigation conducted revealed the role of Haji (A1) and Narender Singh (A2) along with C.M. Dutta (A3), Chowki-in- charge Rajouri Garden, Police Station and Sameer Ahmed alias Sonu(A4). Hence the chargesheet/final report was filed alleging the commission of the offences punishable under Sections 193, 195, 218, 465, 389, 388, 120B of the Indian Penal Code, 1860 (the IPC).

20.1. PW1 Rajni Gupta, earlier working in the marketing division of M/s Power & Power Company knew A1 Haji Mohd. Altaf, a practising lawyer at Tis Hazari Courts who had helped her earlier in procuring a disability certificate. PW1 due to her disability had to leave her marketing job and so she approached A1 Haji Mohd. Altaf in order to ascertain whether it would be possible for her to avail or get a job on the basis of her disability certificate. In the chamber of A1, PW1 Rajni Gupta happened to meet PW2 Savita as well A4 Sameer Ahmad @ Sonu, who was working as munshi and was associated with A1. PW1Rajni Gupta was in need of money and hence she agreed to become part of the conspiracy. Accordingly, with the assistance of PW2, PW6 Balbir Kaur and PW7 Najma, all the four accused persons acting in concert, staged a scene of rescue of PW1 from a roadside. As planned, A2 the then chowki-in-charge, Rajouri Garden, arranged for a PCR van to take PW1 to the hospital where she gave her initial statement under a fictitious name 'Seema Kaur', that is, exhibit PW1/B FIS/FIR to the police to the effect that she was raped by PW12 Sushil Gulati, and two of his associates in a moving car and thereafter thrown on to the road. Based on Ext. PW1/B FIS/FIR, Zero FIR, i.e. Ext. PW10/A was registered at Police Station Sabzi Mandi. Thereafter, FIR No. 852/2000 i.e. Ext. PW11/A was registered at Police Station Rajouri Garden alleging commission of offences punishable under Sections 328, 376 , 506 read with 34 IPC against PW12 Sushil Gulati and others. The clothes of the victim, blood sample as well as vaginal swab of PW1 taken at the Hindu Rao Hospital were seized. On 01.09.2000 statement of PW1 Rajni Gupta as Seema Kaur was recorded by the magistrate concerned under Section 164 CrPC, wherein she reiterated her case of rape by PW12 Sushil Gulati others. Thereafter, the investigation of the case was transferred to the Crime Branch. PW1 Rajni Gupta @ Seema Kaur was interrogated at length, during which interrogation the conspiracy that had been hatched against PW12 Sushil Gulati and how a crime of rape was cooked up, was revealed. Pursuant to the same, a second statement of PW1 under Section 164 Cr.PC was recorded on 11.09.2000 in which she confessed that the rape allegation was false and fabricated and that the same had been enacted pursuant to the conspiracy hatched by the four accused persons in order to implicate PW12 Sushil Gulati. The DNA reports exonerated PW12 Sushil Gulati, on the other hand it revealed that the source of semen found on PW1 was that of A4Sonu and that of one Babloo Mandal, a friend of PW1. Pursuant to the same A4 Sonu was arrested. On 08.03.2001, A3 C.M. Dutta surrendered before the court. A1 Haji Mohd Altaf and A2 Narender Singh were arrested on 17.03.2001 and 19.03.2001 respectively. Investigation conducted by the Crime branch revealed that PW12 Sushil Gulati was completely innocent. Hence, the final report/charge sheet was submitted against A1 to A4 alleging commission of offences punishable under the above mentioned Sections.