Download Nirbhaya Delhi Rape Case and more Study Guides, Projects, Research Law in PDF only on Docsity!
IN THE COURT OF SHRI YOGESH KHANNA,
ADDITIONAL SESSIONS JUDGE,
SPECIAL - FAST TRACK COURTS,
SAKET DISTRICT COURT COMPLEX, NEW DELHI.
Unique ID No. 02406R SC No. 114/ FIR No. 413/ P.S. : Vasant Vihar, New Delhi. U/s : 120B IPC & U/s 365 / 366 / 376(2)(g) / 377 / 307 / 302 and / or 396 /395 IPC read with section 397 / 201 / 412 read with section 120B IPC. State ( Government of NCT of Delhi) ...... Complainant. Versus
1. Ram Singh, since deceased. S/o Shri Mange Lal R/o Jhuggi No. J-49, Ravidass Camp, Sector-3, R.K Puram, New Delhi. (Proceedings abated against him on **12-03-2013.)
- Mukesh** S/o Shri Mange Lal Presently R/o Jhuggi No. J-49, Ravidass Camp, Sector-3, R.K Puram, New Delhi. Permanent R/o Village Karoli, District & P.S Karoli, Rajasthan. State vs. Ram Singh and another SC No. 114/ FIR No. 413/2012 Page No. 1 of 237 P.S. : Vasant Vihar, New Delhi. /home/reader/Praveen Singhania/304-Spl. FTC/2013/September, 2013/Judgment (Sep., 12)/Ram Singh and another
3. Akshay Kumar Singh S/o Shri Saryu Singh R/o Village Karmalaungh P.S Tandwa, District Aurangabad, **Uttar Pradesh.
- Vinay Sharma** S/o Shri Hari Ram Sharma R/o Jhuggi No. J-105, Ravidass Camp, Sector-3, **R.K Puram, New Delhi.
- Pawan Kumar @ Kaalu** S/o Shri Heera R/o Jhuggi No. J-64, Ravidass Camp, Sector-3, R.K Puram, New Delhi. ...... Accused person. Date of Institution : 21-01-2013. Date of arguments concluded : 03-09- Date of judgment : 10-09-
J U D G M E N T
FACTS
1. The incident is of dated 16-12-2012. As per allegations , the complainant and his friend, the prosecutrix, had gone to PVR, Saket, New Delhi, for watching a movie. They came out of the said place at about 8:30 PM State vs. Ram Singh and another SC No. 114/ FIR No. 413/2012 Page No. 2 of 237 P.S. : Vasant Vihar, New Delhi. /home/reader/Praveen Singhania/304-Spl. FTC/2013/September, 2013/Judgment (Sep., 12)/Ram Singh and another
into it and causing injuries dangerous to her life. The assailants even robbed the complainant of his mobile phone, his purse containing Rs.1000/- ; his bank cards ; made him naked by taking away his clothes and even his black hush puppy shoes. Similarly the mobile phone of the prosecutrix, her ATM card, was all robbed. The assailants then tried to throw both the complainant and the prosecutrix out of the moving bus from its rear door but since it could not open, so they brought them at the front door and threw them out of the moving bus at National Highway No. 8 near Mahipal Pur flyover by the side of the road. They both were noticed by the passerbys. Police was informed and they were brought to Safdarjung Hospital, New Delhi for their medical examination. The statement of the complainant was recorded. On the basis of above statement of the complainant, as also considering their MLC(s) ; FIR No. 413/2012 under section 365/366/376(2)(g)/377/394/ IPC at P.S Vasant Vihar, New Delhi was registered. State vs. Ram Singh and another SC No. 114/ FIR No. 413/2012 Page No. 4 of 237 P.S. : Vasant Vihar, New Delhi. /home/reader/Praveen Singhania/304-Spl. FTC/2013/September, 2013/Judgment (Sep., 12)/Ram Singh and another
2. The crime team lifted the exhibits from the spot near Mahipalpur flyover, where the complainant and prosecutrix were found lying naked. 3. The description of the bus was given by the complainant, as having a separate cabin for its driver ; red colour seat covers, yellow curtains on its windows and it was a 3 X 2 sitter. The CCTV camera footage, installed at Hotel Delhi Airport, Mahipal Pur, New Delhi, just opposite to this spot, near the time of incident, was obtained and it showed the bus of similar description passing twice in front of said hotel, firstly at 9:34 PM and secondly at 9:53 PM i.e. close to the time when one Raj Kumar first noticed the victims, lying naked by the side of Mahipal Pur Flyover. The complainant identified the bus in the footage. 4. The search operations were conducted and bus bearing no. DL-1PC-0149 was found parked near Ravi Dass Camp, R.K.Puram, New Delhi. Accused Ram Singh, since State vs. Ram Singh and another SC No. 114/ FIR No. 413/2012 Page No. 5 of 237 P.S. : Vasant Vihar, New Delhi. /home/reader/Praveen Singhania/304-Spl. FTC/2013/September, 2013/Judgment (Sep., 12)/Ram Singh and another
these accused refused to participate in the TIP. On 18-12-2012, accused Mukesh was apprehended from his native village Karoli , Rajasthan and a Samsung Galaxy Trend DUOS Blue Black mobile belonging to the complainant was recovered from him. He was brought to Delhi and was arrested after interrogation. Later on 23.12.12, he got prepared the route chart of the route where he drove the bus at the time of incident. Besides that, he got recovered his bloodstained clothes from the garrage of his brother at Anupam Apartment, Saidulajab, Saket, New Delhi. He was identified by the complainant in the Test Identification Parade. On 21.12.2012, the juvenile was apprehended from ISBT and an ATM debit card of the prosecutrix and a mobile phone, besides his SIM were seized. On 21.11.2012, accused Akshay was also arrested from Aurangabad, Bihar. He led to his brother's house in village, Naharpur, Gurgaon, Haryana and got recovered his bloodstained clothes. He was identified by the complainant in the TIP proceedings. He also got recovered a ring State vs. Ram Singh and another SC No. 114/ FIR No. 413/2012 Page No. 7 of 237 P.S. : Vasant Vihar, New Delhi. /home/reader/Praveen Singhania/304-Spl. FTC/2013/September, 2013/Judgment (Sep., 12)/Ram Singh and another
belonging to the complainant, two metro cards and a Nokia phone with SIM of Vodafone company.
6. The mobile phones of the accused person, as also of the complainant and the prosecutrix were all seized and call details records with requisite certificates u/s 65-B of Indian Evidence Act were obtained by the police. 7. The prosecutrix on 16.12.12 gave a brief history of the incident to the doctor in her MLC. On 21.12.12, on being declared fit, she gave her statement under section 164 Cr.P.C to the SDM. Even on 25.12.12, her statement under section 164 Cr.P.C was recorded by Shri Pawan Kumar, Ld. MM by putting her multiple choice questions and through gestures. On 27.12.12, she was shifted to Mt. Elizabeth Hospital, Singapore for her further treatment. Unfortunately, on 29.12.12, she expired due to sepsis with multiple organ failure with multiple injuries. 8. Hence sections 307 / 201 / 396/302 IPC were all State vs. Ram Singh and another SC No. 114/ FIR No. 413/2012 Page No. 8 of 237 P.S. : Vasant Vihar, New Delhi. /home/reader/Praveen Singhania/304-Spl. FTC/2013/September, 2013/Judgment (Sep., 12)/Ram Singh and another
IPC and lastly for the offence u/s. 412 IPC. EVIDENCE
11. The prosecution thereafter led its evidence. Before proceeding further, it would be appropriate to discuss the nature of evidence given by the witnesses. 12. Prosecution examined as many as 85 witnesses. The witnesses involved in rescue of victims and lodging of FIR are : (i) PW57 ASI Kapil Singh (ii) PW65 Ct. Kripal Singh (iii) PW70 Shri Ram Pal Singh. (iv) PW72 Shri Raj Kumar (v) PW73 HC Ram Chander (vi) PW74 SI Subhash Chand The doctors involved in preparation of MLCs are : (i) PW2 Dr. Akhilesh Raj (ii) PW3 Dr. Chetan Kumar State vs. Ram Singh and another SC No. 114/ FIR No. 413/2012 Page No. 10 of 237 P.S. : Vasant Vihar, New Delhi. /home/reader/Praveen Singhania/304-Spl. FTC/2013/September, 2013/Judgment (Sep., 12)/Ram Singh and another
(iii) PW6 Dr. Kulbhushan Prasad (iv) PW7 Dr. Shashank Pooniya (v) PW10 Dr. Mohit Gupta (vi) PW15 Dr. Kamran Faisal (vii) PW51 Dr. Sachin Bajaj (viii) PW59 Inspector Raj Kumari (ix) PW62 SI Mahesh Bhargava. The Ld. MMs who recorded the statements under section 164 Cr.P.C of the victims are : (i) PW27 Smt Usha Chaturved. (ii) PW30 Shri Pawan Kumar (iii) PW69 Shri Prashant Sharma. The doctors who accorded the fitness qua the prosecutrix for recording of her statement under section 164 Cr.P.C or otherwise, are : (i) PW28 Dr. Rajesh Rastogi (ii) PW29 Dr. Ranju Gandhi (iii) PW52 Dr. P.K Verma State vs. Ram Singh and another SC No. 114/ FIR No. 413/2012 Page No. 11 of 237 P.S. : Vasant Vihar, New Delhi. /home/reader/Praveen Singhania/304-Spl. FTC/2013/September, 2013/Judgment (Sep., 12)/Ram Singh and another
The witnesses involved in collection of evidence(s) / exhibits are : (i) PW11 Dr. Pintu Kumar Singh (ii) PW16 Shri Rajeev Jakhmola (iii) PW18 SI Vishal Choudhary (iv) PW36 Ct. Sandeep (v) PW37 Ct. Sanjeev (vi) PW39 Ct. Murari (vii) PW40 ASI Surender Kumar (viii) PW42 Ct Suresh Kumar (ix) PW48 HC Giri Raj (x) PW54 SI Sushil Sawariya (xi) PW55 SI Gajender Singh (xii) PW67 Shri Pramod Kumar Jha (xiii) PW81 Shri Ram Adhar. The forensic experts who gave various reports on the exhibits lifted in this case from time to time are : (i) PW45 Dr. B.K Mohapatra (ii) PW46 Shri A.D Shah State vs. Ram Singh and another SC No. 114/ FIR No. 413/2012 Page No. 13 of 237 P.S. : Vasant Vihar, New Delhi. /home/reader/Praveen Singhania/304-Spl. FTC/2013/September, 2013/Judgment (Sep., 12)/Ram Singh and another
(iii) PW47 Dr. Rajender Singh (iv) PW66 Shri Asghar Hussain (v) PW71 Dr. Ashith B Acharya (vi) PW76 Shri Gautam Roy (vii) PW79 Shri P.K Gotam. The Nodal Officer(s) are : (i) PW19 Shri Vishal Gaurav (ii) PW20 Col. A.K Sachdeva (iii) PW21 Shri Amar Nath Singh (iv) PW22 Shri Shishir Malhotra (v) PW23 Shri Deepak, and (vi) PW24 Shri Rakesh Soni. The MHC(M) was examined as PW. The witnesses from Select City Mall staff are : (i) PW25 Shri Rajender Singh Bisht, and (ii) PW26 Shri Sandeep Singh ; State vs. Ram Singh and another SC No. 114/ FIR No. 413/2012 Page No. 14 of 237 P.S. : Vasant Vihar, New Delhi. /home/reader/Praveen Singhania/304-Spl. FTC/2013/September, 2013/Judgment (Sep., 12)/Ram Singh and another
It is pertinent to mention that during the course of trial accused Ram Singh committed suicide in Tihar Jail and hence proceedings against him, stood abated.
14. Accused person examined the following witnesses in their defence :- Accused Pawan Gupta @ Kaalu examined : i. DW1 Shri Lal Chand ii. DW2 Shri Heera Lal iii. DW3 Shri Ram Charan iv. DW4 Shri Gyan Chand v. DW16 Shri Hari Kishan Sharma Accused Vinay Sharma had examined : i. DW5 Smt Champa Devi ii. DW6 Shri Hari Ram Sharma iii. DW7 Shri Kishore Kumar Bhat iv. DW8 Shri Sri Kant v. DW9 Shri Manu Sharma vi. DW10 Shri Ram Babu State vs. Ram Singh and another SC No. 114/ FIR No. 413/2012 Page No. 16 of 237 P.S. : Vasant Vihar, New Delhi. /home/reader/Praveen Singhania/304-Spl. FTC/2013/September, 2013/Judgment (Sep., 12)/Ram Singh and another
vii. DW17 Shri Dinesh Accused Akshay Kumar Singh @ Thakur had examined : i. DW11 Shri Chavinder ii. DW12 Shri Sarju Singh iii. DW13 Raj Mohan Singh iv. DW14 Smt. Punita Devi v. DW15 Smt Sarita Devi
15. Before coming to the contentions raised as also the law cited, it would be appropriate to find the crux of the evidence so recorded ; 16. VICTIMS, RESCUE and FIR The entire incident is enumerated in the deposition made by the complainant as PW1 who stated, inter alia, that he is an engineer by profession and that on 16-12-2012 at about 3:30 PM he took the prosecutrix from bus stand of Sector-1, Dwarka, New Delhi and went in an State vs. Ram Singh and another SC No. 114/ FIR No. 413/2012 Page No. 17 of 237 P.S. : Vasant Vihar, New Delhi. /home/reader/Praveen Singhania/304-Spl. FTC/2013/September, 2013/Judgment (Sep., 12)/Ram Singh and another
right side i.e. on the row of three seats, just behind the driver’s seat. Both PW1 and the prosecutrix sat behind the person sitting on the left side i.e. in the row of two seats. PW1 noticed the seats covers of the bus of red colour and its curtains of yellow colour and that it had a black colour film on its windows. The windows were at quite a height as in luxury buses. PW1 also noticed the person(s) sitting in the driver’s cabin were coming and returning to the driver’s cabin. PW1 paid Rs. 20/- to the conductor as fare. PW identified accused Mukesh to be the driver of the bus Ex.P and accused Ram Singh and accused Akshay to be the person sitting in the driver’s cabin and accused Pawan Kumar was sitting in front of him in two seat's row of the bus and whereas accused Vinay was sitting on three seat's row, just behind the driver’s seat. The conductor was the JCL. After boarding the bus, PW1 had a feeling that accused person did not allow anyone else to board the bus and they moved the bus and left Munirka Bus Stand. Accused person put of the lights inside the bus. Then accused Ram Singh, accused Akshay Thakur and the JCL State vs. Ram Singh and another SC No. 114/ FIR No. 413/2012 Page No. 19 of 237 P.S. : Vasant Vihar, New Delhi. /home/reader/Praveen Singhania/304-Spl. FTC/2013/September, 2013/Judgment (Sep., 12)/Ram Singh and another
came towards the complainant and started abusing him asking as to where he was taking the girl in the night. They started giving fist blows on his face. As the complainant tried to resist them, they called their associates viz., accused Vinay and accused Pawan by calling their names and asked them to bring iron rods. Thereafter all these accused started giving beatings to the complainant by iron rods, thus injuring him on his head, both legs and on other parts of his body. The prosecutrix was shouting and calling for help. As she tried to call police by her mobile, the accused person snatched away their mobiles. PW1 was carrying two mobiles having sim nos.9540034561 and 7827917720 whereas the prosecutrix was carrying only one mobile. Both the mobiles of the complainant were of dual SIMs facility but at that time he had only one SIM in each mobile. Because of the beatings, PW1 fell on the floor of the bus and that accused Pawan and accused Vinay pinned him down. The accused person robbed the victims of their mobiles besides robbing him of his purse carrying a City Bank credit card, ICICI Bank debit card ; his identity card State vs. Ram Singh and another SC No. 114/ FIR No. 413/2012 Page No. 20 of 237 P.S. : Vasant Vihar, New Delhi. /home/reader/Praveen Singhania/304-Spl. FTC/2013/September, 2013/Judgment (Sep., 12)/Ram Singh and another
