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1. Briefly stated the case of the prosecution as unfolded by the report under section 173 Cr.P.C. is as under : That on 03/07/2012 complainant/Prosecutrix (name withheld being a case u/s 376 IPC) D/o Md. Hasin R/o House No. A794, Hari Enclave, near Chotti Masjid, Kirari, Suleman Nagar, Delhi with her father Mohd. Hasin and mother Shakeela Bano came to the Police Station and in the presence of NGO Ms. Shashi Sharma (Nari Bal Vikas Sanstha), made the statement to SI Anita Sharma which is to the effect that, she lives with her parents at the above address. In the said house, about three years back, Nadeem alongwith his wife and three children was living on rent and at about 1½ years back when Nadeem was arrested in a theft case by the Police then they came to know that he is a person of criminal nature and at that time wife of Nadeem had gone away after vacating the tenanted premises (Makaan Khali Kar Ke Chali Gai Thi). On 19/06/2012, at about 11:00 a.m. one lady who told her name as Marzina came to her house and told her that her good result has 2 of 153 PS - Aman Vihar come (Aapka Achha Result Aaya Hai) and she has been called by the Madam in the School. She (prosecutrix) left with her (Mai Us Ke Saath Saath Chal Di) and when that lady started taking her on a different way to the School (Jab Weh Aurat Mujhe School Ke Alag Raste Par Le Jane Lagi) then she (prosecutrix) said to her, Aunty the way to the School is not from this way, on which she (Marzina) said to her that, one more girl is also to be taken to the School, on which she (prosecutrix) went following her (Mai Uske Piche Piche Chal Pari) and after crossing the bylanes (Galiyan) she (Marzina) took her (prosecutrix) in a house where Nadeem, who had lived as a tenant in her (prosecutrix) house, Maulvi and one Hanif were found present. When Nadeem was living on rent in her (prosecutrix) house then Hanif used to come to meet him and for this reason she (prosecutrix) was knowing his (Hanif) name. She refused Nadeem, Hanif, Marzina and Maulviji for the acceptance (Kabool) of Nikah (Marriage) but Maulviji, without her acceptance (Kabool) of Nikah forcibly got performed her Nikah (marriage) with Nadeem. Nadeem made her drink, cold drinks and she became unconscious (Nadeem Ne Mujhe Cold Drinks Pilai, Mai Behosh Ho Gai) and when she regained consciousness, she and Nadeem were naked (Nirvastar).
PW12 Ms. Shakeela Bano is the mother of the prosecutrix who deposed that she is residing at the aforementioned address (House No. A - 794, Hari Enclave, Chotti Masjid, Kirari Suleman Nagar, Delhi) for the last one year where she is residing alongwith her family comprising of her husband and five children. Prior to this they were residing at H - 1/70, where they were residing on rent. House No. A794 is owned by her and was given on rent previously to the accused Nadeem about three years back where he was residing alongwith his family comprising of his wife and children. About 1½ years ago Nadeem was arrested by Police on account of theft and on coming to know that he is having criminal background, they got their house vacated. During this period when Nadeem stayed at their house with his family he used to come to their house to make the payment of rent and 15 of 153 PS - Aman Vihar one Hanif used to come with him. On 19/06/2012, she had gone to the Doctor alongwith her husband for getting medicines from where she went to Tis Hazari Court to meet her lawyer in connection with the private dispute with her neighbour. When she returned home, she did found (find) that her daughter/prosecutrix (name withheld) was not at home. She tried to search for her in the neighbourhood but could not find her. At around 5:00 p.m. her daughter/prosecutrix (name withheld) came home, she appeared to be extremely distorted and scared (ghabrai hui thi). Her daughter informed her that one lady by the name of Marzina had come to the house and informed her that she had come from the School and had been called by Madam in the School for the result. Thereafter, on the pretext of taking her to the School, Marzina took her daughter to her house. Her daughter/prosecutrix (name withheld) further informed her that there she found Nadeem alongwith Hanif and one Maulvi sitting there who without her consent forcibly got her married to Nadeem (Bina Uski Marji Ke Jabardasti Uska Nikah Kara Diya). Court Question : Who got the Nikah done? Ans :
Molviji. After the Nikah Nadeem gave cold drink to prosecutrix (name withheld). After taking cold drink she lost her conscious and after
16 of 153 PS - Aman Vihar regaining consciousness she found that both she and the accused Nadeem (correctly identified by the witness) were without clothes. Nadeem thereafter told her daughter that he had made physical relations with her and whatever he wanted he had got. (Maine Tere Sath Sharirik Sambandh Banaye Hain Aur Mujhe Jo Chahiyae Tha Mujhe Mil Gaya). Her daughter further told her that finding an opportunity when Nadeem was not at home, she escaped and came back home. When she came to know, what had happened she informed her husband about the same but for the fear of their reputation in the society and amongst their community they kept quite (Apni Izzat Ki Wajah Se Khamosh Rahe). However, when Nadeem started threatening them and her children they were compelled to report the matter to the Police on 03/07/2012. In the Police Station her daughter was counselled by the NGO after which her medical was got conducted and her statement was got recorded on the basis of which the case was registered. She can identify the accused Marzina, Hanif and also the Maulvi who got the Nikah of her daughter solemnized because he was staying in the Bari Masjid at H3, Sultan Puri and he used to come to their house to take Chanda/donations. She can identify Marzina because on one occasion Nadeem had sent her to 17 of 153 PS - Aman Vihar her house on two occasions on the pretext of taking the premises on rent but she had done (come) only to check if her daughter was still at home or not. Again said she had come once on Saturday and on the next day i.e. on Sunday at 11:00 a.m. Court observation : Hanif and Molvi had not been apprehended till date. She has correctly identified the accused Marzina who is present in the Court. Nadeem was arrested by the Police on 03/07/2012 on the pointing out of her and her daughter. Accused Marzina was arrested on 25/11/2012 on the pointing out of her daughter and she was also with her at that time. Her statement was recorded by the Police on two occasions i.e. one at the initial stage when the accused Nadeem was arrested and the other when the accused Marzina was arrested.
From the aforesaid narration of PW12 - Shakila Bano, it is clear that she is residing at the aforementioned address (House No. A - 794, Hari Enclave, Chotti Masjid, Kirari Suleman Nagar, Delhi) for the last one year where she is residing alongwith her family comprising of her husband and five children. Prior to this they were residing at H - 1/70, where they were residing on rent. House No. A794 is owned by her and was given on rent previously to the accused Nadeem about three 59 of 153 PS - Aman Vihar years back where he was residing alongwith his family comprising of his wife and children. About 1½ years ago Nadeem was arrested by Police on account of theft and on coming to know that he is having criminal background, they got their house vacated. During this period when Nadeem stayed at their house with his family he used to come to their house to make the payment of rent and one Hanif used to come with him. On 19/06/2012, she had gone to the Doctor alongwith her husband for getting medicines from where she went to Tis Hazari Court to meet her lawyer in connection with the private dispute with her neighbour. When she returned home, she did found (find) that her daughter/prosecutrix (name withheld) was not at home. She tried to search for her in the neighbourhood but could not find her. At around 5:00 p.m. her daughter/prosecutrix (name withheld) came home, she appeared to be extremely distorted and scared (ghabrai hui thi). Her daughter informed her that one lady by the name of Marzina had come to the house and informed her that she had come from the School and had been called by Madam in the School for the result. Thereafter, on the pretext of taking her to the School, Marzina took her daughter to her house. Her daughter/prosecutrix (name withheld) further informed her that there she 60 of 153 PS - Aman Vihar found Nadeem alongwith Hanif and one Maulvi sitting there who without her consent forcibly got her married to Nadeem (bina uski marji ke jabardasti uska nikah kara diya). Court Question : Who got the Nikah done? Ans : Molviji. After the Nikah Nadeem gave cold drink to prosecutrix (name withheld). After taking cold drink she lost her conscious and after regaining consciousness she found that both she and the accused Nadeem (correctly identified by the witness) were without clothes. Nadeem thereafter told her daughter that he had made physical relations with her and whatever he wanted he had got. (Maine Tere Sath Sharirik Sambandh Banaye Hain Aur Mujhe Jo Chahiyae Tha Mujhe Mil Gaya). Her daughter further told her that finding an opportunity when Nadeem was not at home, she escaped and came back home. When she came to know, what had happened she informed her husband about the same but for the fear of their reputation in the society and amongst their community they kept quite (Apni Ijat Ki Wajah Se Khamosh Rahe). However, when Nadeem started threatening them and her children they were compelled to report the matter to the Police on 03/07/2012. In the Police Station her daughter was counselled by the NGO after which her medical was got conducted and her statement was 61 of 153 PS - Aman Vihar got recorded on the basis of which the case was registered. She can identify the accused Marzina, Hanif and also the Molvi who got the Nikah of her daughter solemnized because he was staying in the Bari Masjid at H3, Sultan Puri and he used to come to their house to take Chanda/donations. She can identify Marzina because on one occasion Nadeem had sent her to her house on two occasions on the pretext of taking the premises on rent but she had done (come) only to check if her daughter was still at home or not. Again said she had come once on Saturday and on the next day i.e. on Sunday at 11:00 a.m. Court observation : Hanif and Molvi had not been apprehended till date. She has correctly identified the accused Marzina who is present in the Court. Nadeem was arrested by the Police on 03/07/2012 on the pointing out of her and her daughter. Accused Marzina was arrested on 25/11/2012 on the pointing out of her daughter and she was also with her at that time. Her statement was recorded by the Police on two occasions i.e. one at the initial stage when the accused Nadeem was arrested and the other when the accused Marzina was arrested.