MONIKA Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) On 07.05.2012, at about 2:35 p.m. upon intimation being received through Police Control Room (PCR), daily diary entry no. 15-A was recorded at 2:35 p.m. in Police Station Dwarka Noth (Police Station) about some quarrel in the area of A Block, Sector 15, near Mother Dairy booth. Upon inquiry being made, Sub Inspector Umesh Kumar (PW-15) met one Arun Tiwari (PW-8) who informed that a girl wanted to lodge a complaint and had gone into house No. E-202, Bharat Vihar, Sector 15, Dwarka. PW-15 proceeded to the said house and came across a girl (PW-6), aged about 19 years, a native of District Sidhi in Madhya Pradeh. The questioning of PW-6 revealed that she, besides two other girls (PW-7 and PW-14), also of same District of Madhya Pradesh had been victims of forcible sexual intercourse. PW-15 brought the said girls to the Police Station and the matter, for further inquiry, was handed over to Sub Inspector Nirmal Sharma (PW-19). PW-19 (the investigating officer) recorded the statement of the first mentioned girl (PW-6) vide Ex.PW-6/A which revealed that all the three girls had been victims of offences of rape, they having allegedly been seduced from their native place, and subjected to criminal intimidation, so as to be forced into sexual intercourse wherein the appellant Monika @ Rita Singh (Criminal Appeal No.793/2014) being wife of Kiran @ Kishan, respondent in State appeal (Criminal Appeal No.787/2016), having abetted the latter, he also having indulged in the offence of rape, besides co-convict Balram (Criminal Appeal No.190/2014). The girls were sent up for medical examination, their statements including under Sec. 164 of the Code of Criminal Procedure, 1973 (Cr.P.C.) having been recorded before the Metropolitan Magistrate.

(2.) On conclusion of investigation, report(s) under Sec. 173 Crimial P.C. were laid in the court of Metropolitan Magistrate seeking trial of four persons including appellant Monika and her husband Kiran @ Kishan, the others being Balram (appellant in Criminal Appeal No.190/2014) and Pooja (since acquitted).

(3.) Upon the case being committed to the court to sessions, charge was farmed against Balram for offence punishable under Sections 376 and 506 of the Indian Penal Code, 1860 (IPC), the gravamen being of he having criminally intimidated PW-6 and having committed rape upon her on the night intervening 005.2012 and 04.05.2012 in an unknown property within the jurisdiction of the Police Station and he also having facilitated, aided and abetted rape by Kiran @ Kishan on the other two girls, they being PW-7 and PW-14.