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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 09/06/2012 at about 8:50 p.m. one PCR call was received in the Police Station ­ Bawana that near NDPL Office, Sector - 3, Bawana the caller/prosecutrix is present who is saying that someone has done zabardasti with her. The said call was recorded vide DD No. 64B and was handed over to ASI Ram Rattan for appropriate action, on which ASI Ram Rattan reached at the said place where he met the prosecutrix (name withheld being a case u/s 376 IPC). ASI Ram Rattan took her to BSA Hospital Rohini, Delhi and information regarding the same was given to W/SI Suman. On receipt of information, W/SI Suman reached at the Hospital, where ASI Ram Rattan, W/Constable Raj Bala and the prosecutrix were found present. ASI Ram Rattan handed over DD No. 64B to W/SI Suman. W/SI Suman got conducted the medical examination of prosecutrix vide MLC No. 137/12. Prosecutrix (name withheld) W/o Gopal R/o H. No. 535­D, Dak Khane Wali Gali, Village - Bawana, Delhi, made the statement which is to the effect that, she lives at the above address on rent with her two children 2 of 216 PS - Bawana and does the household work (Gharelu Kaam Kaaj Karti Hoon) and is the permanent resident of Village Khera, Distt. Sonepat, Haryana. Her husband Gopal is confined in the jail for the last 8/9 months and this fact is known to all her acquaintances (Mera Pati Gopal 8­9 Mahine Se Jail Mei Band Hai Jiske Bare Mei Mere Sabhi Jaankaron Ko Pata Hai). Today, (on 09/06/2012) at about 8:00 p.m. in the evening when she was present in her house, one lady by the name Rekha who lives in B­Block, 1143, J. J. Colony, Bawana came to her house in her pencil like color car bearing No. DL­4CAQ­1795 and told her (prosecutrix) that at her (Rekha) house Vakil Saab has come who can get release Gopal from Jail (Aaj Qareeb 8:00 Baje Saam Jab Mai Apne Ghar Par Maujood Thi Rekha Naam Ki Aurat Jo B - Block, 1143, J. J. Colony, Bawana Mei Rehti Hai, Apni Pencil Jaise Rang Ki Gaadi Jiska Number DL­4C­ AQ­1795 Hai Lekar Mere Ghar Aai Aur Mujhe Kehne Lagi Ki Mere Ghar Par Vakil Sahab Aaye Hain Jo Gopal Ko Jail Se Churva Sakte Hain). On which she (prosecutrix) trusting on the assurance of Rekha (Rekha Ki Baat Par Bharosa Karke), for talking to Vakil went in her (Rekha) car, when the car reached near Nahar, Rekha stopped the car, there Sanjay who is the resident of Shahbad Dairy, J. J. Colony and now 3 of 216 PS - Bawana he lives in Bawana as the husband of Rekha and one other person whose name she (prosecutrix) does not know, whom she (prosecutrix) can identify, were found standing and Rekha also made both the said persons sit in the car and the car was turned towards the side of factory area, Bawana and when she (prosecutrix) asked, on which Rekha said that for paying to Vakil Saab money is to be brought (Vakil Sahab Ko Dene Ke Liye Paise Laane Hain) and after going at some distance at a desolate place in Sector ­ 3, the car was stopped and all the said three caught her (prosecutrix) in the rear seat of the car. Rekha pressed her mouth and caught her hand due to which she (prosecutrix) could not raise an alarm. Sanjay and the other person turn by turn committed zabardasti (galat kaam) with her on the rear seat of the car. She (prosecutrix) struggled too much in order to save herself, due to which Sanjay and the other person caused injuries (Chot Pahunchai) to her. She sustained marks (Nishan) on both sides of her neck and on her right cheek and also sustained scratches on the upper portion of her breast. Rekha, Sanjay and their third associate after committing galat kaam with her and after alighting her from the car (Gaadi Se Utaar Kar) and after threatening her if the incident is disclosed to anyone they will kill her, fled/zoomed 4 of 216 PS - Bawana away on speed from there (Jo Mai Vakil Se Baat Karne Ke Liye Rekha Ki Baat Par Bharosa Kar Ke Usi Ki Gaadi Mei Chali Gai. Jab Rekha Ne Nehar Ke Paas Pahunch Kar Gaadi Roki Aur Wahin Par Sanjay S/o Late Anil Kesri Jo Shahbad Dairy, J. J. Colony Ka Rehne Wala Hai Ab Rekha Ke Saath Bawana Mei Uske Pati Ke Taur Par Rehta Hai. Va Ek Dusra Aadmi Jiska Naam Pata Mai Nahi Jaanti Saamne Aane Par Pehchan Sakti Hoon, Khade Mile Aur Rekha Ne Gaadi Rok Kar Un Dono Ko Bhi Apni Gaadi Mei Bhi Baitha Liya Va Gaadi Ko Factory Area Bawana Ki Taraf Mod Diya Jab Maine Poocha To Rekha Ne Kaha Ki Vakil Sahab Ko Dene Ke Liye Paise Lane Hain Aur Kuch Doori Par Jaa Kar Sector - 3 Mei Sunsaan Jagah Par Gaadi Rok Di Va In Teeno Ne Mujhe Gaadi Ki Pichli Seat Par Pakad Liya. Rekha Ne Mera Muh Daba Diya Aur Haath Pakad Liya Jis Se Mai Shor Nahi Macha Pai. Sanjay Va Dusre Vyakti Ne Baari Baari Se Mere Saath Zabardasti Ki (Galat Kaam Gaadi Ki Pichli Seat Par Hi Kiya). Maine Apne Aap Ko Bachane Ke Liye Kaafi Sangharsh Kiya, Jis Se Sanjay Va Us Dusre Vyakti Ne Mujhe Chhot Pahunchai. Meri Gardan Ke Dono Taraf Va Dahine Gaal Par Nishan Par Gaye Haathon Va Chhati Ke Upri Hisson Par Bhi Kharochein Par Gayi Jo, Rekha Sanjay Va Unka Teesra Saathi 5 of 216 PS - Bawana Mere Saath Galat Kaam Karne Ke Baad Mujhe Gaadi Se Utaar Kar Va Dhamki Dekar Ki Yadi Kisi Ko Bataya To Jaan Se Maar Denge Va Vahan Se Gaadi Mei Chale Gaye). She weepingly walked some distance and in the street light phoned to the Police at No. 100, on which Police came there, took her to the Hospital and her medical examination was got conducted (Mai Roti Hui Kuch Dusri (Duri) Par Aai Aur Sadak Ki Light Mei 100 Number Par Phone Ki Jo Police Mauka Par Aayi Aur Mujhe Aspataal Layi. Yahin Par Mera Dactari Mulaza Karaya Gaya). She has heard and understood her statement and is correct. Legal action be taken against Rekha, Sanjay and their third associate. On the basis of the statement, after inspection of the MLC finding that the offences u/s 376(2)(g)/506/34 IPC appeared to have been committed, the case was got registered and the investigation was proceeded with by W/SI Suman. Site plan (without scale) was prepared at the instance of the prosecutrix. On the pointing out of the prosecutrix, accused Sanjay was arrested after finding sufficient evidence against him, his disclosure statement was recorded and his medical examination was got conducted vide MLC No. 2323/12 from M. V. Hospital and the sealed exhibits handed over by the Doctor after his medical examination were taken into Police possession 6 of 216 PS - Bawana and were deposited in the Malkhana. Statements of the witnesses were recorded. On 11/06/2012, further investigation was handed over to SI Parveen Kumar. On the pointing out of the accused Sanjay the key of the Car No. DL­4CAQ­1795 was seized from his house B - 1143, J. J. Colony, Bawana and was taken into Police possession. On pointing out of accused Sanjay, Car No. DL­4CAQ­1795 was seized from H - Block, Sector - 3, DSIDC Bawana and was taken into Police possession. The said car after being taken to FSL, Rohini was got inspected from FSL Expert and the sealed exhibits, handed over by the FSL Expert, after the inspection of the car were taken into Police possession and were deposited in the Malkhana. On 12/06/2011, W/SI Suman got recorded the statement of the prosecutrix u/s 164 Cr.P.C. On 02/07/2012, NBW against accused Rekha was obtained. On 17/07/2012, accused Rekha had surrendered in the Court and after finding sufficient evidence against her, she was arrested by W/SI Manju and her disclosure statement was recorded in which she had also disclosed that on 09/06/2012, besides Sanjay the other person who had committed galat kaam with the prosecutrix, his was name Bittoo. Pointing out memo of the place of incident was prepared at the instance of accused Rekha. Search for 7 of 216 PS - Bawana accused Bittoo was made but all in vain. Statements of the witnesses were recorded. On 20/07/2012, the Car No. DL­4CAQ­1795 used in the crime was released on Superdari by the order of the Court. On 30/07/2012, the sealed exhibits were sent to FSL. Investigation against accused Bittoo is pending and on his arrest supplementary charge­sheet u/s 173 (8) Cr.P.C. will be filed against him.

PW15 ­ Constable Kapil, who deposed that on the intervening night of 09­10/06/12, he was posted as Constable in PS ­ Bawana. On that day, he alongwith ASI Ram Rattan reached at Sector - 3, DSIDC, Bawana. Where they met complainant (name withheld). She was taken to M. V. Hospital and from there she was taken to BSA Hospital. In the BSA Hospital, ASI Suman (be read as SI Suman) reached and she handed over to him a tehrir for getting the FIR registered. He got the FIR registered and he handed over the copy of FIR and rukka to the IO. Thereafter, they reached at J. J. Colony in search of accused but none was found. In the morning accused Sanjay was apprehended from DSIDC, Bawana and he was interrogated and arrested vide arrest memo already Ex. PW11/C, bearing his (PW15) signature at point 'B'. His personal search was conducted vide memo Ex. PW15/A, 23 of 216 PS - Bawana he made the disclosure statement Ex. PW15/B which bears his signature at point 'A' respectively. After completing investigation accused Sanjay present in the Court (correctly identified) was brought to the Police Station.

PW17 - SI Suman is the Investigating Officer (IO) of the 24 of 216 PS - Bawana case, who deposed that on 09/06/2012, she was posted as Sub Inspector in PS ­ Bawana. On that night, after receiving the information from ASI Ram Rattan, she reached at BSA Hospital and there ASI Ram Rattan handed over to her the copy of DD No. 64B, copy of which is already exhibited as Ex. PW4/A and he had also produced prosecutrix (name withheld). W/Constable Raj Bala was also found present there. Prosecutrix (name withheld) was medically examined and after medical examination, Doctor handed over sealed pullinda containing exhibits which were seized and taken into Police possession vide seizure memo Ex. PW1/A, bearing her signature at point 'B'. She recorded statement of prosecutrix (name withheld) which is already exhibited as Ex. PW11/A and attested her (prosecutrix) signature at point 'A', bearing her (PW17) signature at point 'B'. She prepared rukka Ex. PW17/A, bearing her signature at point 'A'. Rukka was handed over to Constable Kapil who was already present in the Hospital, for registration of FIR. They came back in the Police Station and prosecutrix (name withheld) alongwith Lady/Constable Raj Bala were left in the Police Station as NGO Anuradha also came in the Police Station for counseling of the prosecutrix. Constable Kapil handed over to her the copy of FIR and 25 of 216 PS - Bawana original rukka. Thereafter, she alongwith Constable Kapil searched accused but not found. In the morning on 10/06/2012 at about 9:30 a.m., she alongwith Constable Kapil and two more Constables, Constable Surender and Constable Rajesh, they reached at the spot i.e. Sector ­ 3, DSIDC Bawana, prosecutrix (name withheld) was also called there. She (PW17) prepared the site plan Ex. PW17/B, bearing her signature at point 'A' at the instance of the complainant. Thereafter, they searched accused and from the area of DSIDC, apprehended accused Sanjay at the instance of prosecutrix (name withheld). Accused Sanjay was interrogated and arrested vide memo Ex. PW11/C, his personal search was conducted vide memo Ex. PW15/A, both bearing her (PW17) signature at point 'X'. Accused Sanjay made disclosure statement Ex. PW15/B, bearing her signature at point 'X'. She recorded the statement of prosecutrix (name withheld) and Constable Kapil and they were set free. Thereafter, accused Sanjay was taken to M. V. Hospital, where he was medically examined and after medical examination, Doctor handed over sealed pullinda containing exhibits and the same were seized vide memo Ex. PW14/A, bearing her signature at point 'B'. Accused was produced in the Court and two days PC Remand was taken. They came 26 of 216 PS - Bawana back to Police Station and accused was sent to Police lockup. In the evening accused Sanjay was taken out from the lockup and they searched the other accused and vehicle No. DL­4CAQ­1795 but not found. Accused was sent to Police lockup. She recorded the statement of witnesses. Thereafter, the investigation was handed over to some other official. On 12/06/2012, the investigation of the present case was again handed over to her. She perused the file and found that the PC of the accused Sanjay is going to be expired so he was produced in the Court and was sent to JC. On the same day, she moved an application Ex. PX2 for recording statement of prosecutrix u/s 164 Cr.P.C. and her statement was got recorded. She obtained the copy of the statement vide her application Ex. PX­4, bearing her signature at point 'A'. Thereafter, she proceeded on leave and case file was handed over to MHC(R).

Further, the charge for the offences punishable u/s 376(2)(g) r/w Section 109 IPC against accused Rekha is that on 09/06/2012, at about 8:00 p.m. at Sector - 3, DSIDC Bawana, within the jurisdiction of PS - Bawana, she abetted the commission of the gang rape committed by her co­accused Sanjay and Bittoo (since not arrested) upon prosecutrix (name withheld) W/o Gopal.

Further, the charge for the offence punishable u/s 376(2)(g) IPC against accused Sanjay is that on 09/06/2012 at about 8:00 p.m. at Sector - 3, DSIDC Bawana, within the jurisdiction of PS - Bawana, he alongwith his co­accused Bittoo (since not arrested) committed gang rape upon prosecutrix (name withheld) W/o Gopal.