BHOLA RISHI Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) Not to reveal her identity, I shall be referring to the victim as 'Nirbal'. She is of humble origin. Migrating to Delhi, her husband used to ply a cycle rickshaw. Six children were born to the couple. Two were daughters who were married in Delhi. When the family was at Delhi and her husband was earning livelihood by plying a rickshaw the family used to stay in a room taken on rent near a ply board factory in Gopal Nagar, Najafgarh. She shifted to the native village in Bihar when her husband returned, and in the month of December, 2012 she came to Delhi to visit her married daughters. Where else would the poor helpless lady find shelter other than the place where she and her husband had set up a matrimonial home. The place was familiar to her. She chose her temporary abode to be a wooden platform (chabutara) outside the tea stall run by Mani Ram PW -2, which was near Hanuman Mandir and the ply wood factory in Gopal Nagar, Najafgarh.

(2.) On December 19, 2012, Nirbal went to Rao Tula Ram Memorial Hospital at Jaffarpur because she was feeling unwell and told the doctor at the casualty that last night two boys had raped her. The duty constable at the hospital immediately passed on the information over the telephone at P.S.Baba Hari Das Nagar where HC Harvinder PW -4 noted the same in DD No.33A, Ex.PW -4/A and marked a copy thereof to SI Anil PW -14. Accompanied by ASI Savita, SI Anil Kumar reached the hospital and found a lady who had already been examined by the Dr.Anil Yadav and had recorded MLC Ex.PW -9/A. He collected a copy of the MLC and entrusted further investigation to ASI Saroj Bala PW -15 and also handed over custody of Nirbal to her. As deposed to by Dr.Anil Yadav, after he prepared the MLC Ex.PW -9/A he referred Nirbal to a Senior Gynaecologist, who collected swab from the vulva, vagina and pubic hair as also blood sample of Nirbal and so recorded on the MLC Ex.PW -9/A and along with the petticoat which Nirbal was wearing handed over the same, after putting them in a parcel, to ASI Saroj Bala who drew up the seizure memo Ex.PW - 15/A and thereafter recorded Nirbal's statement Ex.PW -6/A in which she disclosed facts which I have narrated in paragraph 1 above and additionally that last night two boys took her to a room near a tube well in the area nearby the ply wood factory and raped her. She said that she could recognize the two boys if brought before her.

(3.) Making an endorsement Ex.PW -15/B ASI Saroj Bala sent Ex.PW - 6/A to the police station where FIR Ex.PW -3/A was recorded by HC Sunder Singh for an offence punishable under Section 376 IPC and made an endorsement Ex.PW -3/B on the tehrir Ex.PW -15/B.