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1. On 16.12.2013, the victim, a minor girl, aged about 17 years gave a written statement to the police, addressed to the DCP that about two years ago, Soni W/o Iliyas had met her with Suhail S/o Nabiullah. Suhail started talking with her on phone and also meeting her. On the pretext of marrying her, Suhail took her to the house of his brother Chhote Qureshi several times where he made forcible physical relations with her many times against her wishes. On her weeping and crying, SC No.44648/15 - FIR No.731/13 PS Gokalpuri page 1 of 10 accused Suhail took her to the house of Moni W/o Iliyas at Vasant Vihar where she was kept for about twenty days and with the help of Iliyas and Moni, Suhail again committed rape upon her on the false pretext of marriage. At that time she was about 17 years of age. When Suhail had met her with Moni, she was about 15 years and 6 months of age. When, she got rid of atrocities of Suhail, she asked him to let her go to her parents, otherwise she would commit suicide and that she could not believe that he would deceive her in such a manner and that whenever she got a chance, she would complain against him with the police. Thereupon, Suhail, Bade Qureshi, Chhote Qureshi, Akil Ahmad, Soiab, Moni and Iliyas, all favoured Suhail and gave her assurance to marry her with Suhail and she accorded to it in order to save her life and on 10.10.2013, her marriage/nikah was solemnized with Suhail before a court where her age was shown as 18 years in the marriage agreement, more than one year of her actual age. Thereafter, the said persons brought her to the house of brothers of Suhail at Gandhi Nagar where she was kept for two days. Thereafter, the said persons after a consultation amongst themselves kept her in a separate tenanted premises but Suhail told her that he wanted to live with his parents. She was kept well for a few days but thereafter, all the above persons demanded dowry from her, abused her and gave beatings to her and also threatened to kill her. On 07.12.2013, Suhail left her without informing her and when she called him, he used to give false assurances to her but did not turn up till date. The victim further stated that Suhail had been residing with his parents and threatening her that he would not keep her with him. At that time, she was carrying a pregnancy of about two months and that Bade Qureshi, Chhote Qureshi, Akil Ahmad and Suhail's sisters also started saying that they would not keep her and that Suhail had already left several girls like her and they could do nothing against him and if she tried to initiate any legal action against him, she and her family members would have to face consequences which she could not imagine. She further stated that they also came to her house and threatened her if she would not obey their commands, they would get her killed and they were in contact with bed elements. She stated that she belonged to a poor family and that is why they were ruining her life and were not keeping her with them.

PW-3 Sh. Rakesh Kumar Gautam, Public Health Inspector from MCD office, Shahdara, North Zone proved the birth certificate of the victim, which mentions her date of birth as 15.04.1996.

PW-4 Mohd. Haneef was the Qazi to the marriage/nikah solemnized between the victim and accused Suhail. He proved the copy of the nikahnama, as Ex.PW4/A. PW-5 Ct. Budh Prakash was a witness to the arrest of accused Moni.

PW-6 Dr. Nidhi Bansal, proved the MLC of the victim as Ex.PW6/A and proved her MLC sheets as Ex.PW6/B (wrongly mentioned as Ex.PW7/B).

13. In order to put across the above arguments, the Ld. Counsel for the accused referred to the cross-examination of the victim wherein she deposed that her marriage with accused Suhail was attended by her mother and her brother Khalid from her side. She also deposed that the religious ceremony i.e. nikah was performed at her house before execution of the agreement. She also deposed that she knew Dr. Mohsin and Dr. Naushad, who used to work in the Marina Charitable Hospital, Mustfabad where her sister Yasmin was working as a nurse and admitted that those doctors stood witnesses to her nikah with Suhail. She also admitted that accused Moni was the sister of Suhail and they belonged to her native village and thus were known to her before the alleged incident.

14. The marriage between the victim and accused Suhail was got performed by PW-4, Mohd. Haneef, who was working as an Imam at Minara Masjid, who deposed that he performed the nikah between the two on 10.10.2013 and also prepared a nikahnama, Ex.PW4/A. In his cross-examination, he deposed that he was called to perform the nikah by the mother of the victim and it was performed in a house between Gali No.17 and 17½, New Mustfabad i.e. the house of the victim. He further deposed that he had verified the eligibility of the victim for the marriage and had considered the divorce papers of the victim of her previous marriage and was satisfied that her iddat period was complete before the date of nikah. He also deposed that he himself had enquired about the parentage and consent of the victim before her nikah, contrary to the version of the victim, who had denied this fact. PW- 4 further deposed that the mother of the victim informed that the family members of accused Suhail were also present in the nikah, as also the father of the victim. These facts clearly go on to show that nikah was never forced upon the victim but it was performed with her consent and free will and that of her parents, as also the family SC No.44648/15 - FIR No.731/13 PS Gokalpuri page 7 of 10 of the accused. Thus, the victim was never forced into the said nikah as alleged by her. All the allegations in this respect made by the victim have been proved to be incorrect.