Delhi High Court Upholds Life Sentence Of Three Men Who Raped Minor In 2011, Rejects Prayer For Remission

The Delhi High Court Thursday upheld the conviction and life sentence awarded to three men for raping a minor girl in 2011. The class X student, who was first raped by a relative, was subsequently raped by two strangers, who had offered her help when she was walking on road after escaping from her relative's house.

A division bench of Justice Mukta Gupta and Justice Anish Dayal dismissed the appeals filed by the three men, who were convicted on December 15, 2018 and were awarded life sentences.

While one of the convicts (relative of the minor girl) was convicted under Sections 366, 376 and 34 of Indian Penal Code, the other two persons were convicted under Sections 366, 376(2)(g) and 34 of the Code.

The FIR was lodged on April 9, 2011 on the prosecutrix's complaint that she was raped by a relative, the father of her elder brother's wife. While the minor was a resident of Faridabad, it was alleged that the relative took her to his house in Delhi on a false pretext and raped her.

The prosecutrix stated that as she was scared, she left the relative's house secretly at night and started walking on the road to seek help. She was offered help by three men who were travelling in an Indica car. As per the minor girl, instead of assisting her, she was taken to a jungle in Dwarka where the two of the three men raped her.

As per the prosecution's case, the prosecutrix got down from the car and started running after which the car's driver caught hold of her and both of them sustained injuries. Hearing the noise, a car stopped and called the PCR van which took her and the driver to the Police Station.

During the course of investigation, the relative and the two men who gang raped the prosecutrix were arrested and chargesheet was filed against them. The trial against the driver was kept in abeyance as he absconded after he was granted interim bail.

During the trial, the prosecution examined a total of 23 witnesses.

It was argued on behalf of the relative in appeal that even as per the prosecutrix, he had used no force, and that the victim in the MLC and her Section 164 of CrPC statement had stated that she was 18 years old. Thus, it was argued that it cannot be held that he had committed rape on the victim. It was also argued that there were material inconsistencies in the statement of the victim.

"She having not been proved to be a minor and not protested to the alleged advancement of Hanuman Mishra, the appellant be acquitted," his counsel argued, adding that in the alternative, he be released on the period already undergone.

Another convict argued that prosecutrix in her deposition before the court failed to identify her clothes and stated that she had not worn those clothes at the relevant time, hence the DNA samples lifted from the shirt cannot be used to convict him.

Dismissing the appeal of the relative, the court observed that he shared a fiduciary relationship with the victim and tricked her parents to send her with him.

"Thus in a very preplanned manner taking advantage of his relationship he brought the minor victim to his house and committed rape," said the bench.

Rejecting the appeals filed by the other two convicts, the bench noted that after co-ccused driver assured the victim to safely drop the victim at her house, the two men took her to the jungle area and committed gang rape on her.

"Considering the manner in which the offences were committed by the appellants, this Court finds no error in the impugned order on sentence, directing the appellants to undergo life imprisonment. As noted above, it will be for the appellants to seek remission from the State Government in terms of Section 432 Cr.P.C," the court said.

Title: Vinod Kumar v. State and other connected matters

Citation: 2022 LiveLaw (Del) 1038