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The facts in brief of the prosecution case are that on 24.07.2011 --------------------------------------------- X---------------------------------------------------------- , herein after referred to as the complainant, lodged a missing report at PS Nand Nagri stating that his wife ------Y--------, herein after referred to as the prosecutrix, aged about 25 years went to Sunder Nagri Market at 5.00 PM on 22.07.2011 but she did not return back. That information was recorded vide DD No. 9A on that day. The police filled in Missing Person Form and tried to search the prosecutrix but failed. On 29.07.2011, the prosecutrix arrived at Police Station and IO recorded her statement. She alleged that on 22.07.2011 at 5.00 PM, she had left her house for Shani Bazar, Sunder Nagari, Delhi for buying vegetables. At 5.15 PM, Salim, herein after referred to as the accused, who was her tenant, met her in that market and asked where she was going? She replied that she was going to buy vegetables. He started walking with her and also offered Pepsi. On drinking Pepsi, she felt unbearable pain in her head. She did not know where the accused had taken her thereafter but when she regained her consciousness, she found herself in a room. The accused had confined her in the said room for about 6 days. On 28.07.2011, the accused committed wrong act with her. On the same day, her husband, the complainant brought her back from that room which was situated in Khassi Colony, Ghaziabad, UP. Due to fear, she did not tell all the incidents to her husband. She narrated the incidents to her husband on 29.07.2011 and then he brought her to the PS. She was taken to GTB hospital where she was medically examined. Doctor obtained her samples and handed over to Lady Constable Anita who brought her for the purpose of medical examination. She handed over the samples to W/ASI Vidya Rawat, herein after referred to as the IO, and she seized the same vide seizure memo and thereafter, deposited the same in the Malkhana. IO also inspected the place of incident and prepared site plan. The accused was arrested on the same day and his arrest memo and personal search memo were prepared. He was interrogated. He was also taken to GTB hospital where he was medically examined. Doctor opined that there was nothing to suggest that he was incapable of doing sexual intercourse. Doctor also obtained his samples and handed over the same to Constable Sonu Kadian, who took him to GTB hospital. He handed over the samples to IO, who seized the same vide separate seizure memo and deposited in the Malkhana. The prosecutrix was produced before Ld. M.M. on 30.07.2011 for recording of her statement u/s 164 of Code of Criminal Procedure, herein after referred to as the Code. Samples were sent to FSL and FSL report was obtained. After completion of investigation, IO filed a charge sheet against the accused for his trial for the offences punishable u/s 365/366/343/328/376 IPC.

10. In order to prove its case that accused committed an offence of kidnapping, abducting or inducing woman to compel marriage, etc. punishable u/s 366 IPC, prosecution has to prove firstly that the prosecutrix was either kidnapped or abducted by the accused and secondly, the prosecutrix was abducted and kidnapped with the intention that the prosecutrix may be compelled or knowing it to be likely that she will be compelled to marry any person against her will or in order that she may be forced to do illicit intercourse.

CONCLUSION

57. Consequent upon above reasons, discussion and evidence on record and particularly discussed here in above, it is held that the prosecution has successfully proved its case against the accused Salim beyond any reasonable suspicion or shadow of doubt that he committed offence of causing hurt by poisonous substance punishable u/s 328 IPC; offence of abducting or inducing a woman to compel her marriage, etc. punishable u/s 366 IPC; offence of secretly and wrongfully confinement of an abducted person punishable u/s 365 IPC; and offence of rape punishable u/s 376 IPC. Resultantly, accused Salim is held guilty and convicted for the offences punishable u/s 328/366/365/376 IPC.

Announced in the Open Court Dated: 31.10.2013 (DR. T.R. NAVAL) Additional Sessions Judge, (SFTC) Karkardooma Courts, Delhi IN THE COURT OF DR. T. R. NAVAL, ADDITIONAL SESSIONS JUDGE, (SPECIAL FAST TRACK COURT), EAST, NORTH EAST & SHAHDARA DISTRICTS, KARKARDOOMA COURTS, DELHI PS Nand Nagri U/S 328/366/365/376 IPC State Versus Mohd. Salim ORDER ON SENTENCE 07.11.2013 Present: Ms. Madhu Arora Addl. P.P. for the State.