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Unique Case ID Number : 02401R0732442005.

FIR No. 418/2005, Police Station Timar Pur, Under sections 376/373/34 of the Indian Penal Code. State vs Kapil Mohan Sharma and others. -:: Page 3 of 64 ::-

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friends, as in the present case, in whom she may repose her trust.

3. "Courts are expected to show great responsibility while trying an accused on charges of rape. They must deal with such cases with utmost sensitivity. The Courts should examine the broader probabilities of a case and not get swayed by minor contradictions or insignificant discrepancies in the statement of the witnesses, which are not of a fatal nature to throw out allegations of rape. This is all the more important because of lately crime against women in general and rape in particular is on the increase. It is an irony that while we are celebrating women's rights in all spheres, we show little or no concern for her honour. It is a sad reflection and we must emphasize that the courts must deal with rape cases in particular with utmost sensitivity and appreciate the evidence in totality of the background of the entire case and not in isolation." The Supreme Court has made the above observations in the judgment reported as State of Andhra Pradesh v. Gangula Satya Murthy, JT 1996 (10) SC 550.

Unique Case ID Number : 02401R0732442005.

FIR No. 418/2005, Police Station Timar Pur, Under sections 376/373/34 of the Indian Penal Code. State vs Kapil Mohan Sharma and others. -:: Page 4 of 64 ::-

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Gali no. 115/16, Sant Nagar, Burari, Delhi (house of accused Mr.Raj Mohan Sharma), all the accused persons committed rape on the complainant/prosecutrix (name mentioned in file and withheld to protect her identity) which falls under the category of gang rape and they had committed intimidation by threatening the complainant/prosecutrix that in case she reported the matter to any person, she would be killed.

106. There does not appear to be any criminal intention and mens rea on the part of all the accused persons.

DEFENCE OF THE ACCUSED

107. In their respective statements under section 313 of the Cr.P.C., all the accused persons have stated that they are innocent and Sessions Case Number : 56 of 2013.

Unique Case ID Number : 02401R0732442005.

FIR No. 418/2005, Police Station Timar Pur, Under sections 376/373/34 of the Indian Penal Code. State vs Kapil Mohan Sharma and others. -:: Page 52 of 64 ::-

COMPLAINCE OF SECTION 437-AOF THE CR.P.C. AND SOME FORMALITIES

145. Compliance of section 437-A Cr.P.C. is made in the order sheet of even date.

146. Case property be confiscated and be destroyed after expiry of period of limitation of appeal.

Sessions Case Number : 56 of 2013.

Unique Case ID Number : 02401R0732442005.

FIR No. 418/2005, Police Station Timar Pur, Under sections 376/373/34 of the Indian Penal Code. State vs Kapil Mohan Sharma and others. -:: Page 63 of 64 ::-