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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 5/08/2002, Smt. Shalini, D/o Sh. Ompal Singh Malik, R/o 157, Prashant Vihar, Delhi came to the Police Station ­ Prashant Vihar and got recorded her statement to duty officer ASI Dharampal which is to the effect that, she resides with her family at the said address and is the student of B.A. IInd year and her date of birth is 27/01/1982. Her marriage took place on 09/05/2002 according to Hindu Rites and Customs with Sandeep S/o Balbir Singh r/o G­3/37­38, Sector­11, Rohini, Delhi. In her marriage her father as per his capacity had given one Maruti ZEN LXI Car No. DL­9CE­2992 and other articles in dowry. The list of which she will supply later on. After few days of the marriage on 16/05/2002, she alongwith her husband Sandeep came to meet her family members at her parental house and in the evening she returned from there. In the night, her husband Sandeep, father­in­law Balbir, mother­in­law Jai Shree and brother in law (Dever) Sanjeev were taking food. Then her father­in­law told her to bring Rs. 5 lacs from her PS - Prashant Vihar father's house for starting the business of Sandeep. On which she said that her father beyond his capacity has given Maruti Zen and others goods in dowry in the marriage now, her father cannot give Rs. 5 lacs cash on which her husband Sandeep started beating her and said that Rs. 5 lacs had to be brought by her, her mother­in­law told her that "she will see how you do not bring Rs. 5 lacs". On the next day on 17/05/2002 her husband Sandeep and her father­in­law Balbir Singh had gone to the factory, her mother­in­law Jai Shree and her brother­in­law (Dever) beaten her and took her in room and her hands and legs were tied with the help of chunni with double bed and her mother­in­law went out of the room and closed the door from outside and her Dever Sanjeev put the TV on the full volume and her Dever took off her clothes and also took off his clothes and forcibly established physical relations with her. She screamed and cried too much but nobody heard and her mother­in­law told from outside nothing happens he is her Dever. Sanjeev after about an hour left leaving her tied and her mother­in­law came into the room and she (Shalini) told her to leave her and let her to go to her house on which her mother­in­law told where is the question to leave her now it is her (mother­in­law) turn and thereafter, her mother­in­law took off her PS - Prashant Vihar clothes and lied down upon her (complainant Shalini) and started kissing her mouth and she licked her (Shalini) from front back up and from all the places and thereafter her mother­in­law untied her (complainant Shalini) hands and legs. She (complainant Shalini) put on her clothes and when her husband Sandeep came to the house and she told all the incident to him on which he (Sandeep) told "nothing happens (Kuch Nahi Hota) they are playing with you, the day you will bring Rs. 5 lacs you will not be harassed (Kuch Nahi Hota Tere Saath Khel Rai Hain Jis Din Tu Rs. 5 lacs Layegi Tere Ko Tang Nahi Karenge)" when she started weeping her husband severely beaten her. Thereafter, whenever her mother­in­law and Dever used to get an opportunity both of them used to establish illicit physical relations with her. When she told about this to her father­in­law, who told "let you get Rs. 5 lacs otherwise it will go like this". Her in­laws not used to allow her to telephone of and whenever telephone her mother and father used to come, her in­laws were not allowing her to talk and they used to say that she is sleeping or she has gone for strolling. One day her husband and her mother­in­law caught her feet and her father­in­law put a mice (Chuiya) in her salwar and her Dever put a lizard in her Kurta and these four had also put a few times PS - Prashant Vihar the ice pieces in her salwar and Kurta. Her mother­in­law had also made her (complainant Shalini) to lick her a few times. On 30/06/2002, her in­ laws had gone somewhere and she was alone at her home and they had threatened her if she went out of the house, they will kill her. She after gathering courage reached at her parental house and told the harassment of her in­laws which had caused mental shock to her, to her family members. When her parents talked to her in­laws in this regard, then her in­laws threatened her parental family members that if it is not wound up here only then they will kill her (Agar is baat ko yahi khatam nahi karoge to ve mujhe jaan se maar denge). Her in­laws are continuously threatening her father that let get the matter be sorted out otherwise have to face dire consequences (Is mamle ko nipta lo varna bure anjaam bhugatne honge). Today evening after gathering courage she alongwith her father has come to lodge the report. She has heard her statement read it understood it and is correct. From the said statement dated 05/08/2002, on finding offences under sections 406/498­A/506/376/120­ B/34 IPC appeared to have been committed Duty Officer after registering the case vide FIR No. 399/02 sent a copy of the FIR for investigation to SI Vinod Kumar. On the receipt of the copy of FIR SI PS - Prashant Vihar Vinod Kumar carried out the investigation. During the course of investigation SI Vinod Kumar recorded the statements of the witnesses. The marriage card, the school certificates, the photographs as were produced by the father of the complainant Shalini were taken into police possession. Medical examination of the complainant Shalini was got conducted from BSA Hospital vide MLC No. 1630/02. Site plan was prepared, photographs of the place of occurrence were got done, the sealed pullindas handed over by the Doctor after the medical examination of the complainant Shalini were taken into Police possession. On 06/08/2002 Sanjeev Kumar, Smt. Jai Shree and Sandeep Kumar were interrogated who confessed their crime and were arrested and their personal searches were conducted, they were got medically examined. Sealed pullindas of accused Sanjeev as were handed over by the Doctor were taken into police possession. The said three accused were got sent to the judicial custody. On 07/08/2002 the Police Custody Remand of accused Sandeep Kumar was obtained. On the identification of the complainant, the Istridhan of the complainant/Shalini was taken into police possession. Statement of the complainant Shalini under section 164 Cr.P.C was got recorded. The school certificate of accused PS - Prashant Vihar Sanjeev Kumar was obtained as per which his date of birth was 11/8/1983 and had not attained the age of 18 years and was produced before the Juvenile Justice Board. Search of accused Balbir Singh was made but he could not be traced out. Sealed pullindas were sent to FSL Malviya Nagar, Delhi. On 17/10/2002, accused Balbir Singh joined the investigation, who confessed his crime and was arrested and was released on bail pursuant to the order of the Court. Statements of the witnesses were recorded. Photographs were obtained from the photographer. Sealed exhibits were sent to FSL.

5. In brief the witnessography of the prosecution witnesses is PS - Prashant Vihar as under :­ PW1 - Shalini Malik is the victim who deposed regarding the incident and proved the list of the dowry articles Ex. PW1/A, bearing her signature at point 'A', seizure memo of the marriage card Ex. PW1/B, bearing her signature at point 'A', marriage card Ex. P1, seizure memo of the photocopy of the mark sheet of the 10th class Ex. PW1/C, the photocopy copy of the mark sheet of 10th class is Ex. P2. Proved the arrest memo of accused Sandeep, Jai Shree Ex. PW1/D and Ex. PW1/E, their personal search memos Ex. PW1/F and Ex. PW1/G, all memos bearing her signatures at points 'A'. Seizure memo of the five photographs (Ex. P3/1 to Ex. P3/5) and the list of dowry articles (Ex. PW1/A) Ex. PW1/H bearing her signature at point 'A'. Recovery memo of the goods/part of istridhan from the house of accused Sandeep Ex. PW1/J, bearing her signature at point 'A', recovery memo of three dupattas/chunnis which were used for tying her while committing rape upon her, Ex. PW1/A, bearing her signature at point 'A', Chunnis Ex. P1 to Ex. P3, her statement recorded u/s 164 Cr.P.C. Ex. PW1/L, bearing her signature at point 'A', identified and proved the articles (seized vide seizure memo Ex. PW1/J) Ex. P5/1 to Ex. P5/44. The list containing the PS - Prashant Vihar details of articles given to her at the time of her marriage but not recovered and still with the accused persons Ex. PW1/M and proved the copy of the FIR Ex. PW2/A, bearing her signature at point 'A' and further deposed that she was medically examined at BSA Hospital. The accused persons are her father­in­law, mother­in­law and her husband. Her brother­in­law is facing trial before the Juvenile Court.

PW8 - Constable Satyawan who joined investigation with IO SI Vinod Kumar and deposed on the investigational aspects on the same lines as has been deposed by PW5 - W/HC Darshana.

PW9 - Constable Amit Kumar who joined investigation with SI Vinod Kumar and deposed that on 07/08/2002, he was posted at PP Sector - 16 of PS - Prashant Vihar. On that day, at about 12:00 noon, one Ompal Singh Malik came at the PP alongwith her daughter Shalini. At that time, Om Pal Singh handed over the photographs of the marriage of her daughter Shalini alongwith one list of istridhan articles, which were taken into possession by SI Vinod Kumar vide separate seizure memos. Photographs were taken into possession vide memo Ex. PW1/1, which bears his signatures at point 'C'. Photographs Ex. PW3/1 to 5, are the same which were taken into possession vide memo Ex. PW1/H which bears his signatures at point 'C'. On the next day i.e. 08/08/2002, he again joined the investigation of this case with PS - Prashant Vihar Investigating Officer. On that day, he accompanied Investigating Officer alongwith Om Pal Singh, Shalini and Sandeep and reached at in­laws house of Shalini at G­3/37­38, in Sector - 11, Rohini. The house was found locked. One Krishan Kumar was called, who opened the lock of the house. Two public persons also joined the proceedings on the request of the Investigating Officer i.e. Devender and Surya Kant. On the pointing of Shalini, from the house, istridhan articles as per list were recovered. Shalini also got recovered three chunnis of green and blue, red and ferozi from the wall almiraha (almirah) of bedroom. Shalini also told that her hands and legs were tied with these chunnis by her mother­ in­law and thereafter her brother­in­law i.e. devar committed wrong acts with her. Those chunnis were sealed in a pullinda with the seal of 'VK' and taken into possession vide memo Ex. PW1/K which bears his signatures at point 'C'. Seal after use was handed over to Om Pal Singh. Istridhan articles were also taken into possession vide memo Ex. PW1/J which bears his signatures at point 'B'. Thereafter the house was locked with new locks and keys were handed over (to) one neihbour (neighbour) Kamla at the instance of Sandeep. This witness correctly identified the accused Sandeep in the Court. His supplementary statement was PS - Prashant Vihar recorded by the Investigating Officer and also identified the chunnis Ex. P1 to P3 (also marked as Ex. PX, Ex. PY and Ex. PZ in the evidence of PW4 ­ Om Pal Malik).

PW16 - SI Vinod Kumar is the Investigating Officer (IO) of the case who deposed on the investigational aspects and besides proving the memos and the documents already proved in the evidence of PW1 - Shalini Malik and PW5 - HC Darshana he also proved the site plan of the place of occurrence prepared at the instance of Shalini Malik Ex. PW16/A, the application for recording the statement of the Shalini Malik u/s 164 Cr.P.C. Ex. PW16/B (also Ext. PW12/A) signed by him at point 'Y', the application Ex. PW16/C (also Ext. PW12/C) vide which the copy of the statement of the Shalini Malik u/s 164 Cr.P.C. (Ext PW12/B) was supplied to him bearing his signature at point 'Y', arrest memo of accused Balbir Singh Ex. PW16/D which bears his signature at point 'A' and also identified the chunnis Ex. P1 to P3 (also marked as Ex. PX, Ex. PY and Ex. PZ in the evidence of PW4 ­ Om Pal Malik) and proved the istridhan articles Ex. P5/1 to Ex. 5/44 including Maruti Zen Car.