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Showing contexts for: evil eye in Sc No. 58843/16 State vs . Ram Prakash @ Avinash on 13 March, 2018Matching Fragments
The accused Ram Prakash @ Avinash is facing trial in the Judgment : FIR No. 02/16 page 1 of 36 SC No. 58843/16 State Vs. Ram Prakash @ Avinash present case on allegations of having kidnapped, wrongfully confined and committed penetrative sexual assault / rape upon the victim D (identity withheld), aged about 11 years, and having threatened her with life.
2. The facts in brief, which are borne out from the record are that previously the victim alongwith her family was residing in Ramgarh and accused Ram Prakash @ Avinash was living opposite their house and was having an evil eye upon her. Due to this reason, the victim alongwith her family members shifted to I Block, Jahangir Puri about three months prior to the lodging of the instant FIR.
MATERIAL WITNESSES
25. The prosecution, to substantiate its case, examined the victim D @ T as PW 1, who disclosed her age to be 14 years at the time of her examination. After conducting preliminary examination of the victim by putting certain questions to her to assess the competency of victim child to give rational answers, on being satisfied, the statement of the victim was recorded, wherein she deposed as under :
"Accused Avinash (present in the court today and identified correctly) was residing in front of our house. Accused was having an evil eye on me as such, we vacated that house and shifted in IBlock in Jahangirpuri. On 30.12.2015, I was coming back after taking medicines Judgment : FIR No. 02/16 page 11 of 36 SC No. 58843/16 State Vs. Ram Prakash @ Avinash from Anand Maya Hospital and on the way, accused met me in front of his house and asked me as to where I was going. Accused then took me to his room on pretext of showing to me his room. There was nobody else in that room. Accused then after removing my clothes, committed rape upon me and threatened me not to disclose the incident to anybody otherwise he would kill me.
27. Smt. R / mother of the victim entered the witness box as PW 2 and deposed that she has three children and one day, her daughter / victim D @ T disclosed her that accused Avinash, who was earlier residing in front of their house, had committed wrong act with her. She further deposed that they had vacated that earlier accommodation, as the accused was keeping an evil eye on the prosecutrix.
28. In her crossexamination by Ld. Amicus Curiae for the accused, PW 2 deposed that she was married about 20 years ago, and her elder daughter was born within one year of her marriage, and there is difference of three years between the birth of her elder daughter and the prosecutrix. She did not lodge any complaint against the accused after she had come to know that accused had an evil eye on her daughter. She had noticed blood stains on the clothes of the prosecutrix, and on that day, matter was not reported to the police. She denied that the accused was in contact with prosecutrix on her mobile or that no incident of sexual assault upon her daughter ever took place.
DNA profiling (STR analysis) performed on Exhibits is sufficient to conclude that the DNA profile generated from the source of Exhibit 5 (blood gauze of accused) is matching with DNA profile generated from the source of exhibits 2, 3a and 3b...."
TESTIMONY OF MATERIAL WITNESSES
40. Material witnesses : The victim, her mother and her sister were examined by the prosecution as PW 1, PW 2 and PW 3 respectively. The accused has been charged for the offence of having kidnapped the victim out of the lawful guardianship of her parents, having confined her in his room and thereafter having committed penetrative sexual assault / rape Judgment : FIR No. 02/16 page 21 of 36 SC No. 58843/16 State Vs. Ram Prakash @ Avinash upon her and also having threatened her with life not to disclose about the incident to anyone. The victim in her testimony was firm and consistent throughout, not just as regards the assertions made by her in her complaint Ex. PW1/A but also in her statement before the Ld. MM u/s 164 CrPC on 21.01.2016, which is Ex. PW 1/B, and thereafter also in her testimony recorded in the court as PW 1. In her testimony as PW 1, the victim has deposed that she knew the accused Ram Prakash @ Avinash, as he was earlier residing in front of their house and was having an evil eye upon her, due to which they even vacated their previous house and shifted to another house in the same colony in Jahangir Puri, and thereafter on the fateful night of 30.12.1015, she was subjected to a graver offence i.e. penetrative sexual assault / rape. This factum that the accused was having an evil eye on the victim was corroborated by the victim's mother Smt. R, who was examined as PW 2. In the lengthy and grilling crossexamination of both the victim and her mother PW 2, this factum has not been refuted on behalf of the accused, by either denying this factum and giving a suggestion regarding the incorrectness of the said factum, though this factum about the accused having an evil eye on the victim, has been denied by the accused in his statement u/s 313 Cr.P.C. It is also not denied that the victim and her family shifted from their erstwhile house to Jahangir Puri and considering the fact that even after the change of residence by the victim, as per the testimony of the victim, accused continued in his pursuit of the victim, is indicative enough, about the possibility of correctness of the allegations made by the victim and her mother, against the accused.