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Showing contexts for: child statement in Fir No. 35/14 : State vs Virender Ram : Ps Shalimar Bagh Dod: ... on 25 March, 2015Matching Fragments
Facts of the case The facts of the case, as borne out from the record are that on 12.01.2014 at about 10.05 AM, child M, alongwith her uncle went to PS Shalimar Bagh at Women Help Desk. They were referred to WSI Sumedha, who was present in the PS at that time. She made enquiries from child M, FIR No. 35/14 : State V/s Virender Ram : PS Shalimar Bagh DOD: 25.03.2015 who told her that accused, her step father used to do "galat kaam" with her elder sister S (hereinafter referred to as the "child victim"). Considering the sensitivity of the matter, IO, WSI Sumedha alongwith HC Usha Kiran and Ct.Narsi Ram went to the house of "child victim" bearing No.661, Gali No.8, Ambedkar Nagar, Haidarpur Gali, after entering her Departure Entry in the Daily Diary Register (DD No.25B). At the aforesaid house, the police party found accused Virender, "child victim" and Smt.Seema, the mother of "child victim". At that time, the "child victim" did not tell about her sexual abuse by the accused. IO in her wisdom called a counsellor from an NGO by the name of "Sampoorna", dealing with the welfare of children and women. The said NGO deputed Smt.Madhu Dass to counsel the "child victim". After the counselling, the "child victim" was taken to BJRM Hospital, Jahangirpuri for her medical examination alongwith the counsellor of NGO and the mother of "child victim" by IO and W/HC Usha Kiran. There, the "child victim" was medically examined and thereafter, she was again counselled by the counsellor whereafter she made statement to the IO to the effect that for the last about one year, her stepfather accused Virender used to touch her body parts inappropriately with sexual intent against her wish after getting drunk. He used to intimidate her before establishing physical relations. 34 days prior to that day also, he had established physical relations with her against her wishes. She further told that she had intimated about the same to her mother, whereafter the accused had quarreled with her mother. On the basis of the aforesaid statement of the "child victim", the case FIR was registered. FIR No. 35/14 : State V/s Virender Ram : PS Shalimar Bagh DOD: 25.03.2015 The IO prepared site plan. The "child victim" was lodged in Child Home "Kilkaari". Thereafter, IO reached back to the spot and made enquiries from the mother of "child victim" and arrested the accused. Thereafter, she prepared site plan at the instance of the mother of child victim. Accused was also got medically examined. The exhibits collected by the doctors from child victim and accused were sent for FSL examination. On 13.01.2014, the statement of child victim u/s 164 Cr.P.C was got recorded. The statement of the younger sister of child victim namely child M was also got recorded u/s 164 Cr.P.C on 15.01.2014. As no document with regard to the age of the child victim was available, therefore, the IO got her ossification test conducted at BJRM Hospital. After completion of investigation, the charge sheet in the matter was filed.
8. PW3 Smt. Seema, mother of child victim, in her evidence has deposed that accused is her second husband. Her first husband i.e. father of child victim and child M, had expired, when the child victim was 2 years old and child M was in her womb. She further stated that about four months ago, police had come at her house about a complaint of 'chedchad' (misbehaviour), but she had no idea as to who had made complaint to the police. Her husband i.e. accused was in the habit of taking liquor and under the influence of liquor, he had scolded child victim and he did not allow her to go out of the house. The police took her and child victim to the police station and hospital. Thereafter, the statement of child victim was recorded and during this period, she was made to sit in a room. Neither her statement was recorded by the police, nor any inquiry was made from her by the police. She categorically FIR No. 35/14 : State V/s Virender Ram : PS Shalimar Bagh DOD: 25.03.2015 claimed that her husband is innocent and has been falsely implicated by child victim.
(e) Witnesses of investigation In this category, the evidence of PW12 Ct. Narsi Ram, PW16 W/HC Usha Kiran and IO PW17 SI Sumedha, is there.
16. PW12, Ct. Narsi Ram, in his evidence, has stated that on 12.01.2014, he had joined the investigation in the matter with IO W/SI Sumedha and W/HC Usha Kiran. He along with other two police officers had gone to the house of child victim, where IO also called a lady Smt. Madhu Das, from some NGO. The said NGO counseled the child victim. The proceedings of counseling of child victim were videographed and thereafter, on the directions of the IO, he had taken the child victim and her mother to BJRM hospital, where W/HC Usha Kiran, Smt. Madhu Das and IO had also gone. After the medical examination of the child victim, she was again counseled by Smt. Madhu Das and even those proceedings were videographed. Thereafter, the statement of child victim was recorded by the IO, rukka was prepared and he got the case FIR registered.
17. PW16 W/HC Usha Kiran has also deposed on the lines of PW12. She has proved the two C.Ds prepared in the matter as Ex. P1 and P2. 18, PW17 SI Sumedha, in her evidence has stated that on 12.01.2014, child M along with her uncle had come to PS Shalimar Bagh at Women Help Desk. Child M told her about the accused having done galat kaam with child victim. FIR No. 35/14 : State V/s Virender Ram : PS Shalimar Bagh DOD: 25.03.2015 Accordingly, DD no. 25B in this regard was recorded in the police station at 10.05 am. Thereafter, she along with PW12 and PW16 went to the house of child victim. She called Smt.Madhu Das, who was running an NGO. Child victim was counseled and thereafter, was medically examined at BJRM Hospital, Jahangir Puri. She further deposed that victim child S was again counseled and thereafter, she recorded the statement of the victim child S, got conducted videography of the said statement and on basis of the statement of the victim child S, she prepared rukka Ex. PW17/B and sent it to the PS through Ct. Narsi Ram. The witness further deposed that thereafter, the accused was arrested at the instance of mother of the child vide arrest memo Ex. PW17/C, and was got personally search through Ct. Sher Singh vide personal search memo Ex. PW17/D. She further deposed about disclosure statement Ex. PW17/E made by the accused and about preparation of the site plan Ex. PW17/F at the instance of the Smt. Seema, mother of the victim child. She further deposed about medical examination of the accused and about seizure of the exhibits of the accused vide seizure memo Ex. PW17/G. The PW17 SI Sumedha further deposed that on 13.01.2014, victim child S was got released from Kilkari and her statement u/s 164 Cr.P.C was got recorded vide her application Ex. PW2/A and after getting the statement of the victim S, she collected one copy of the said statement vide application Ex. PW2/D. She further deposed that on 15.01.2014, younger sister of victim child was produced before ld. M.M., for her statement u/s 164 Cr.P.C, vide her application Ex. PW2/E and after getting the statement of the child FIR No. 35/14 : State V/s Virender Ram : PS Shalimar Bagh DOD: 25.03.2015 M, she collected one copy of the said statement vide her application Ex. PW2/H. She further deposed about getting the ossification test of victim child S conducted at BJRM Hospital, and about collection of the report Ex. PW4/A, She further deposed that she recorded the statements of the witnesses and after completing the investigations, she prepared the charge sheet and filed the same before the court.